EU Constitutional Law

Höfundar: Allan Rosas; Lorna Armati (Útgáfa: 1)
EU Constitutional Law

Kaup valmöguleikar

The third edition of this acclaimed book continues the story of the EU's constitutional journey. The EU's constitution, composed of myriad legal texts, case law and practice, is no less of a moving target than before and the pace of change has, if anything, increased since the publication of the second edition. In a constantly challenging geopolitical context, the EU faces unprecedented political, economic and cultural trials, all of which impact upon the evolution of its constitution.

In particular, the migration crisis has given rise to the need for substantial revision of the chapter dealing with the area of freedom, security and justice, and the institutional reforms embarked upon in the quest to restore financial order have taken a more structured form following the inception of a European banking union. Fully updated to include the ramifications of Brexit, the book succeeds – where others have struggled – in making sense of the EU's complex constitutional order, focusing on its essential features but taking into account the profound changes that have taken place over the past 20 years.

The EU has become much more than an internal economic market. Recently it may even be argued that the focus of action has been in areas such as immigration and third-country nationals, security and defence policy, and penal law and procedure, and the work towards creating a European banking union underlines the continued need to monitor economic and fiscal policy. Eschewing too much detail, the authors underline the essential values, principles and objectives of the integration regime as well as its basic normative structure and hierarchy.

In this context, the decentralised nature of the EU is highlighted as an integral part of its constitutional make-up. Recurring themes include European citizenship, fundamental rights and the rule of law. The book also confronts head-on the problems and challenges facing the Union and the gap which is often perceived between lofty ideals and harsh realities. The book will be useful to students of EU law and European integration but will also appeal to a broader audience of researchers and practitioners, including political scientists.

Nánar um bókina

Útgefandi
Bloomsbury UK
ISBN
9781509909155
Print ISBN
9781509909148
Format
ePub
Útgáfa
1
Höfundar
Allan Rosas; Lorna Armati
Tungumál
English
Útgefið
2018-05-17
Prent takmörkun á líftíma
100
Prent takmörkun
10
Afritunar takmörkun
10

Kaflar

  • Cover
  • Title Page
  • Contents
  • Preface to the Third Edition
  • List of Abbreviations
  • Table of Cases
  • 1. What Constitution? A Rose by Any Other Name
  • 2. An Elephant That Cannot Be Defined? What the EU Is, and Is Not
  • I. Introduction
  • II. Historical Development
  • III. The Union Today
  • IV. State-like Features
  • V. Non-state-like Features
  • 3. Marking the Territory: Principles Governing Union Competences
  • I. Introduction
  • II. Basic Treaty Provisions on Competence
  • III. Articles 114 and 352 TFEU
  • IV. The Principle of Subsidiarity
  • 4. Who Is the Boss? In Search of a Master of the Treaties
  • I. Introduction
  • II. Procedures for Amending the Treaties
  • III. Creeping Competences?
  • IV. The Ties that Bind
  • 5. Looking Past the Trees to See the Wood: Construing a Hierarchy of Norms
  • I. Introduction
  • II. Foundations of the Union Legal Order
  • III. Primary Law
  • IV. International Law
  • V. Secondary Law and other Acts of the Institutions
  • 6. Into the Estuaries and up the Rivers: Union Law in the National Legal Orders of the Member States
  • I. Introduction
  • II. Primacy
  • III. Conformity through Interpretation
  • IV. Direct Applicability and Direct Effect
  • V. The Relevance of National Law for Union Law
  • 7. A Lot More than Brussels Bureaucrats: The Institutional Framework
  • I. Introduction
  • II. The Union’s Institutions
  • III. Union Regulatory and Administrative Bodies
  • IV. Institutions and Bodies of the Member States
  • 8. A Suprematist Composition? Differentiation and Flexibility
  • I. Introduction
  • II. Differentiation in Primary Law
  • III. Enhanced Cooperation
  • 9. What Deficit? The EU System of Democracy
  • I. Introduction
  • II. General Considerations
  • III. The Political Institutions
  • IV. Participatory, Deliberative and Substantive Democracy
  • 10. Civis Europeus Sum: The Evolving Concept of Union Citizenship
  • I. General
  • II. Pie in the Sky?
  • III. Who is a Union Citizen?
  • IV. The Right to Move and to Reside
  • V. From Movement to Citizenship and Beyond
  • 11. Taking Rights More Seriously? The EU System of Fundamental Rights
  • I. General
  • II. Field of Application
  • III. Sources and Material Scope
  • IV. Non-discrimination
  • V. Direct Effect
  • 12. Broadening Horizons? The Area of Freedom, Security and Justice
  • I. General
  • II. Border Checks, Asylum and Immigration
  • III. Judicial Cooperation in Civil Matters
  • IV. Judicial Cooperation in Criminal Matters
  • V. Police Cooperation
  • 13. The Internal Market: Liberal, Social or Green?
  • I. Introduction
  • II. The Economic Free Movement Rights
  • III. The Social Dimension
  • IV. Environment
  • 14. Building a House by Starting with the Roof ? Economic and Monetary Policy
  • I. Introduction
  • II. Monetary Policy
  • III. Economic and Fiscal Surveillance
  • IV. The Stability Mechanisms
  • V. Banking Union
  • VI. Built to Last?
  • 15. EU External Relations: An Elephant Trumpeting Loud and Clear or a Gaggle of Geese?
  • I. General
  • II. Institutional Framework for External Action
  • III. Union Competences and their Use
  • IV. The Union and the Member States
  • V. Security and Defence
  • 16. Covenants of No Strength to Secure A Man At All? Issues of Enforcement and Control
  • I. Introduction
  • II. Control of Union Institutions and Bodies
  • III. The Role of Member States’ Courts and Authorities
  • 17. The Elephant in the Room? Concluding Remarks
  • Index
  • Copyright Page