The Economic and Monetary Union (EMU) constitutes a key pillar of the project of European integration, and the law serves as the infrastructure of the EU's system of economic governance. This comprehensive Research Handbook analyses and explains this complex architecture from a legal point of view and looks ahead to the challenges it faces and how these can be resolved. Bringing together contributions from leading academics from across Europe and top lawyers from several EU institutions, this Research Handbook is the first to cover all aspects of the Eurozone's legal ecosystem, including the fiscal, monetary, banking, and capital markets unions. In doing so, it offers an up-to-date and in depth assessment of the norms and procedures that underpin EMU, exploring the latest developments, highlighting the strengths and weaknesses of the existing framework, and making suggestions for necessary reform through policy and law. Scholars and advanced students with an interest in EU economic law will find this Research Handbook to be an indispensable guide. It will also prove valuable to policy-makers and legal advisors working in EU institutions, as well as practitioners in the field and officials in both EU and national administrations.

This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms - or anti-constitutional practices - from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders. The book will be of particular interest to academics and graduate or post-graduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counterterrorism, and related questions of individual rights. Contributors: O. Bassok, D. Cole, K. Cooper, J. Daskal, E. de Wet, B. Dickson, A. Ejima, S. Ellmann, F. Fabbrini, L. Garlicki, J. Hafetz, V.J. Jackson, C.C. Murphy, M. Scheinin, K.L. Scheppele, A. Su, C. Walker

Recent revelations, by Edward Snowden and others, of the vast network of government spying enabled by modern technology have raised major concerns both in the European Union and the United States on how to protect privacy in the face of increasing governmental surveillance. This book brings together some of the leading experts in the fields of constitutional law, criminal law and human rights from the US and the EU to examine the protection of privacy in the digital era, as well as the challenges that counter-terrorism cooperation between governments pose to human rights. It examines the state of privacy protections on both sides of the Atlantic, the best mechanisms for preserving privacy, and whether the EU and the US should develop joint transnational mechanisms to protect privacy on a reciprocal basis. As technology enables governments to know more and more about their citizens, and about the citizens of other nations, this volume offers critical perspectives on how best to respond to one of the most challenging developments of the twenty-first century.

What is the form of government of the European Union (EU)? And how is the institutional governance of the Eurozone evolving? These questions have become pressing during the last few years. On the one hand, the Euro-crisis and the legal and institutional responses to it have had major implications on the constitutional architecture of the EU and the Eurozone. On the other hand, the May 2014 elections for the European Parliament and the ensuing struggle to form the European Commission have brought to the fore new tensions in the EU political system. The purpose of this book, which brings together the contributions of EU lawyers, comparative constitutional lawyers and political scientists, from all over Europe and the United States, is to offer a new look at the form of government of the EU and the Eurozone and consider its potential for future development. While offering a plurality of perspectives on the form of government of the EU and the Eurozone, this book emphasises how the Euro-crisis represents a watershed in the process of European integration, makes the case for a more legitimate and effective form of government for the EU and the Eurozone, and identifies possible windows of opportunity for future treaty reforms. The volume will provide food for thought for scholars, policy-makers and the public at large as they continue debating the most apt form of government for the EU and the Eurozone.

This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.

Virtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for - and evils of - secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism. In recent years, nations have relied on secret evidence to detain suspected terrorists and freeze their assets, have barred lawsuits alleging human rights violations by invoking 'state secrets', and have implemented secret surveillance and targeted killing programs. The book begins by addressing the issue of secrecy at the institutional level, examining the role of courts and legislatures in regulating the use of secrecy claims by the executive branch of government. From there, the focus shifts to the three most vital areas of anti-terrorism law: preventive detention, criminal trials and administrative measures (notably, targeted economic sanctions). The contributors explore how assertions of secrecy and national security in each of these areas affect the functioning of the legal system and the application of procedural justice and fairness. Students, professors and researchers interested in constitutional law, international law, comparative law and issues of terrorism and security will find this an invaluable addition to the literature. Judges, lawyers and policymakers will also find much of use in this critical volume. Contributors: O. Aronson, K. Clark, D. Cole, D. Curtin, F. Fabbrini, T. Fischer, L. Garlicki, S. Krebs, N. Lomjaria, A. Lynch, J. Mazzone, C.C. Murphy, T. Ojanen, K. Roach, M. Scheinin, S. Schulhofer, S. Sedley, S. Setty, T. Tulich, M. Vashakmadze, A. Vedaschi, S.I. Vladeck, C. Walker, R. Welsh

The recently enacted Treaty on the Stability, Coordination and Governance of the Economic and Monetary Union (generally referred to as the Fiscal Compact) has introduced a 'golden rule', which is a detailed obligation that government budgets be balanced. Moreover, it required the 25 members of the EU which signed the Treaty in March 2012, to incorporate this 'golden rule' within their national Constitutions. This requirement represents a major and unprecedented development, raising formidable challenges to the nature and legitimacy of national Constitutions as well as to the future of the European integration project. This book analyses the new constitutional architecture of the European Economic and Monetary Union (EMU), examines in a comparative perspective the constitutionalization of budgetary rules in the legal systems of the Member States, and discusses the implications of these constitutional changes for the future of democracy and integration in the EU. By combining insights from law and economics, comparative institutional analysis and legal theory, the book offers a comprehensive survey of the constitutional incorporation of new fiscal and budgetary rules across Europe and a systematic normative discussion of the legitimacy issues at play. It thus contributes to a better understanding of the Euro-crisis, of the future of the EU, and the reforms needed towards a deeper and genuine EMU.

This book offers a comprehensive analysis of the new framework of relationship between the United Kingdom (UK) and the European Union (EU) applicable since 1st January 2021, following the end of the Brexit transition period and the entry into force of the EU-UK Trade & Cooperation Agreement (TCA), concluded on Christmas Eve 2020. The book contextualizes the new framework of EU-UK relations, including the ongoing challenges of implementing the Withdrawal Agreement (WA), and sheds light on the new mechanisms for EU-UK cooperation both in the economic domain including free movement of goods, financial services, and mobility of persons, and in the security domain including law enforcement, defence, and data protection. The work underlines the profound differences between the new status quo compared to the legal framework applicable when the UK was still an EU member state including end of free movement of persons, financial passporting, and cooperation in foreign affairs and defence, and reflects on what the latest stage in the Brexit process means for governance, sovereignty, and the future of European integration.

This book offers a comprehensive analysis of the new framework of relationship between the United Kingdom (UK) and the European Union (EU) applicable since 1st January 2021, following the end of the Brexit transition period and the entry into force of the EU-UK Trade & Cooperation Agreement (TCA), concluded on Christmas Eve 2020. The book contextualizes the new framework of EU-UK relations, including the ongoing challenges of implementing the Withdrawal Agreement (WA), and sheds light on the new mechanisms for EU-UK cooperation both in the economic domain including free movement of goods, financial services, and mobility of persons, and in the security domain including law enforcement, defence, and data protection. The work underlines the profound differences between the new status quo compared to the legal framework applicable when the UK was still an EU member state including end of free movement of persons, financial passporting, and cooperation in foreign affairs and defence, and reflects on what the latest stage in the Brexit process means for governance, sovereignty, and the future of European integration.

Brexit represents a momentous event for the European Union, with important implications on the future of Europe. While most scholarly attention has focused on the Brexit process and its consequences for the United Kingdom, and UK-EU relations, Brexit has had important consequences also for the EU. This book examines how the EU has changed during Brexit and because of Brexit, while also reflecting on the developments of the EU besides Brexit and beyond Brexit. As the book argues, the UK withdrawal from the EU - the first ever case of disintegration since the start of the European integration process - creates an urgent need to reform the EU. In fact, while the EU institutions and its member states have remained united in their negotiations vis-a-vis the UK, Brexit has created transitional problems for the EU, and exposed other serious fissures in its system of governance which need to be addressed moving forward. As the EU goes through another major crisis in the form of the response to the Covid-19 pandemic, the case for increasing the effectiveness and the legitimacy of the EU grows stronger. In this context, the book analyses the plan to establish a Conference on the Future of Europe, examines its precedents and discusses its prospects. As the book suggests that, after Brexit, the initiative to launch a Conference on the Future of Europe is a necessary step to renew the EU and relaunch integration.

This book examines the law and politics of the Protocol on Ireland/Northern Ireland, attached to the Withdrawal Agreement, which regulates the terms of Brexit. The Protocol on Ireland/Northern Ireland deals with the most complex issue which emerged during the withdrawal negotiations between the United Kingdom (UK) and the European Union (EU), namely how to avoid a hard border in the island of Ireland and preserve the peace process started in Northern Ireland with the 1998 Belfast Good Friday Agreement. To this end, the Protocol, which was agreed in its final form in October 2019, establishes a bespoke solution, notably by keeping Northern Ireland aligned to EU customs and internal market rules. Nevertheless, the operation of the Protocol, which has formally entered into force in January 2021, has stirred political controversies in the Unionist community in Northern Ireland, and caused diplomatic confrontation between the EU and the UK. The purpose of this book is therefore to provide the first interdisciplinary overview of the Protocol, shedding light on its context, content, and challenges. This book - which brings together contributions by leading legal scholars, political scientists, sociologists, and trade experts from Northern Ireland, Ireland, Great Britain, Europe, and the United States - provides a comprehensive and contextual assessment of the Protocol. It examines its setting, including constitutional trends in the UK and Ireland, focuses on its substantive clauses dealing with human rights and cross-border cooperation, as well as on those related to trade, and analyses its governance mechanisms, including democratic consent and safeguards.

This book examines the law and politics of the Protocol on Ireland/Northern Ireland, attached to the Withdrawal Agreement, which regulates the terms of Brexit. The Protocol on Ireland/Northern Ireland deals with the most complex issue which emerged during the withdrawal negotiations between the United Kingdom (UK) and the European Union (EU), namely how to avoid a hard border in the island of Ireland and preserve the peace process started in Northern Ireland with the 1998 Belfast Good Friday Agreement. To this end, the Protocol, which was agreed in its final form in October 2019, establishes a bespoke solution, notably by keeping Northern Ireland aligned to EU customs and internal market rules. Nevertheless, the operation of the Protocol, which has formally entered into force in January 2021, has stirred political controversies in the Unionist community in Northern Ireland, and caused diplomatic confrontation between the EU and the UK. The purpose of this book is therefore to provide the first interdisciplinary overview of the Protocol, shedding light on its context, content, and challenges. This book - which brings together contributions by leading legal scholars, political scientists, sociologists, and trade experts from Northern Ireland, Ireland, Great Britain, Europe, and the United States - provides a comprehensive and contextual assessment of the Protocol. It examines its setting, including constitutional trends in the UK and Ireland, focuses on its substantive clauses dealing with human rights and cross-border cooperation, as well as on those related to trade, and analyses its governance mechanisms, including democratic consent and safeguards.

Recent revelations, by Edward Snowden and others, of the vast network of government spying enabled by modern technology have raised major concerns both in the European Union and the United States on how to protect privacy in the face of increasing governmental surveillance. This book brings together some of the leading experts in the fields of constitutional law, criminal law and human rights from the US and the EU to examine the protection of privacy in the digital era, as well as the challenges that counter-terrorism cooperation between governments pose to human rights. It examines the state of privacy protections on both sides of the Atlantic, the best mechanisms for preserving privacy, and whether the EU and the US should develop joint transnational mechanisms to protect privacy on a reciprocal basis. As technology enables governments to know more and more about their citizens, and about the citizens of other nations, this volume offers critical perspectives on how best to respond to one of the most challenging developments of the twenty-first century.

Brexit represents a momentous event for the European Union, with important implications on the future of Europe. While most scholarly attention has focused on the Brexit process and its consequences for the United Kingdom, and UK-EU relations, Brexit has had important consequences also for the EU. This book examines how the EU has changed during Brexit and because of Brexit, while also reflecting on the developments of the EU besides Brexit and beyond Brexit. As the book argues, the UK withdrawal from the EU - the first ever case of disintegration since the start of the European integration process - creates an urgent need to reform the EU. In fact, while the EU institutions and its member states have remained united in their negotiations vis-a-vis the UK, Brexit has created transitional problems for the EU, and exposed other serious fissures in its system of governance which need to be addressed moving forward. As the EU goes through another major crisis in the form of the response to the Covid-19 pandemic, the case for increasing the effectiveness and the legitimacy of the EU grows stronger. In this context, the book analyses the plan to establish a Conference on the Future of Europe, examines its precedents and discusses its prospects. As the book suggests that, after Brexit, the initiative to launch a Conference on the Future of Europe is a necessary step to renew the EU and relaunch integration.

This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.

The recently enacted Treaty on the Stability, Coordination and Governance of the Economic and Monetary Union (generally referred to as the Fiscal Compact) has introduced a 'golden rule', which is a detailed obligation that government budgets be balanced. Moreover, it required the 25 members of the EU which signed the Treaty in March 2012, to incorporate this 'golden rule' within their national Constitutions. This requirement represents a major and unprecedented development, raising formidable challenges to the nature and legitimacy of national Constitutions as well as to the future of the European integration project. This book analyses the new constitutional architecture of the European Economic and Monetary Union (EMU), examines in a comparative perspective the constitutionalization of budgetary rules in the legal systems of the Member States, and discusses the implications of these constitutional changes for the future of democracy and integration in the EU. By combining insights from law and economics, comparative institutional analysis and legal theory, the book offers a comprehensive survey of the constitutional incorporation of new fiscal and budgetary rules across Europe and a systematic normative discussion of the legitimacy issues at play. It thus contributes to a better understanding of the Euro-crisis, of the future of the EU, and the reforms needed towards a deeper and genuine EMU.

The book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to to create the legal framework for Brexit. The book - which builds on a prior volume "The Law & Politics of Brexit" (OUP 2017) - overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019, and examines the key provisions of the Brexit deal. The volume assesses the withdrawal agreement provisions on the protection of citizens' rights, the Irish border and the financial settlement - as well as the governance provisions on transition, decision-making and adjudication, and the prospects for future EU-UK trade relations. Finally, the book reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British-Irish relations, as well as for the future of the EU beyond Brexit.

The Euro-Crisis and the legal and institutional responses to it have had important constitutional implications on the architecture of the European Union (EU). Going beyond the existing literature, Federico Fabbrini's book takes a broad look and examines how the crisis and its aftermath have changed relations of power in the EU, disaggregating three different dimensions: (1) the vertical relations of power between the member states and the EU institutions, (2) the relations of power between the political branches and the courts, and (3) the horizontal relations of power between the EU member states themselves. The first part of the book argues that, in the aftermath of the Euro-crisis, power has been shifting along each of these axes in paradoxical ways. In particular, through a comparison of the United States, Fabbrini reveals that the EU is nowadays characterized by a high degree of centralization in budgetary affairs, an unprecedented level of judicialization of economic questions, and a growing imbalance between the member states in the governance of fiscal matters. As the book makes clear, however, each of these dynamics is a cause for concern - as it calls into question important constitutional values for the EU, such as the autonomy of the member states in taking decision about taxing and spending, the preeminence of the political process in settling economic matters, and the balance between state power and state equality. The second part of the book, therefore, devises possible options for future legal and institutional developments in the EU which may revert these paradoxical trends. In particular, Fabbrini considers the ideas of raising a fiscal capacitiy, restoring the centrality of the EU legislative process, and reforming the EU executive power, and discusses the challenges that accompany any further step towards a deeper Economic and Monetary Union.

The decision made by the United Kingdom in 2016 to leave the European Union has produced shock waves across Europe and the world. Brexit calls into question consolidated assumptions on the finality of the EU, and simultaneously sparks new challenges. These new challenges are not only in regard of the constitutional settlements reached in the UK, notably in Scotland and Northern Ireland, but also on the future of European integration. Now that Article 50 of the Treaty on the European Union has been invoked, and the path towards full withdrawal by the UK from the EU remains clouded in uncertainties, a comprehensive legal and political analysis of how Brexit impacts on UK and the EU appears of the utmost importance. This book brings together leading lawyers, economists and political scientists to discuss the constitutional implications of Brexit and propose possible solutions for the way forward. The book is structured around four main themes. First, it considers how Brexit will be implemented legally and politically, in terms of the withdrawal and the possible new relations between the UK and the EU. Second, it examines the implications of Brexit on the constitutional structure of the UK, as well as on the status of Northern Ireland and the relations with the Republic of Ireland. Third, it examines the implications of Brexit on the constitutional structure of the EU, focusing on a number of key areas of EU policy-making, notably the Area of Freedom Security and Justice, the Single Market, and Economic and Monetary Union. Finally, the book looks to the mid to long-term future, and discusses the prospects for relaunching the EU after Brexit.

What is the form of government of the European Union (EU)? And how is the institutional governance of the Eurozone evolving? These questions have become pressing during the last few years. On the one hand, the Euro-crisis and the legal and institutional responses to it have had major implications on the constitutional architecture of the EU and the Eurozone. On the other hand, the May 2014 elections for the European Parliament and the ensuing struggle to form the European Commission have brought to the fore new tensions in the EU political system. The purpose of this book, which brings together the contributions of EU lawyers, comparative constitutional lawyers and political scientists, from all over Europe and the United States, is to offer a new look at the form of government of the EU and the Eurozone and consider its potential for future development. While offering a plurality of perspectives on the form of government of the EU and the Eurozone, this book emphasises how the Euro-crisis represents a watershed in the process of European integration, makes the case for a more legitimate and effective form of government for the EU and the Eurozone, and identifies possible windows of opportunity for future treaty reforms. The volume will provide food for thought for scholars, policy-makers and the public at large as they continue debating the most apt form of government for the EU and the Eurozone.

The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe. The book adopts a comparative approach, and through a comparison with the federal system of the United States, it advances an analytical model that systematically explains the dynamics at play in the European multilevel human rights architecture. It identifies two recurrent challenges in the interplay between different state and transnational human rights standards-a challenge of ineffectiveness, when transnational law operates as a ceiling of protection for a specific human right, and a challenge of inconsistency when transnational law operates as a floor-and considers the most recent transformations taking place in the European human rights regime. The book tests the model of challenges and transformations by examining in depth four case studies: the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. In light of these examples, the book then concludes by reassessing the main theories on the protection of fundamental rights in Europe and making the case for a new vision-a 'neo-federal' theory-which is able to frame the dilemmas of identity, equality and supremacy behind the European multilevel architecture for the protection of human rights.