EU Constitutional Law: An Introduction (Third Edition)

EU Constitutional Law: An Introduction (Third Edition)

by Allan Rosas, Lorna Armati

Paperback(Third Edition)

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Overview

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.

Product Details

ISBN-13: 9781509909148
Publisher: Hart Publishing
Publication date: 05/17/2018
Edition description: Third Edition
Pages: 368
Product dimensions: 6.65(w) x 9.60(h) x 0.80(d)

About the Author

Allan Rosas has been a judge at the European Court of Justice since January 2002, having formerly been Armfelt Professor of Law at the Åbo Akademi University and later Principal Legal Adviser and Deputy Director-General of the Legal Service of the European Commission.Lorna Armati has been a Member of the Legal Service of the European Commission since September 2010, having formerly been Legal Secretary to Judge Rosas and later Legal Officer at the EFTA Surveillance Authority.

Table of Contents

Preface to the Third Edition v

List of Abbreviations xi

Table of Cases xiii

1 What Constitution? A Rose by Any Other Name 1

2 An Elephant That Cannot Be Defined? What the EU Is, and Is Not 7

I Introduction 7

II Historical Development 9

III The Union Today 12

IV State-like Features 14

V Non-state-like Features 17

3 Marking the Territory: Principles Governing Union Competences 20

I Introduction 20

II Basic Treaty Provisions on Competence 22

III Articles 114 and 352 TFEU 25

IV The Principle of Subsidiarity 28

4 Who Is the Boss? In Search of a Master of the Treaties 32

I Introduction 32

II Procedures for Amending the Treaties 33

III Creeping Competences? 40

IV The Ties that Bind 48

5 Looking Past the Trees to See the Wood: Construing a Hierarchy of Norms 50

I Introduction 50

II Foundations of the Union Legal Order 52

III Primary Law 53

IV International Law 57

V Secondary Law and other Acts of the Institutions 59

6 Into the Estuaries and up the Rivers: Union Law in the National Legal Orders of the Member States 63

I Intro duction 63

II Primacy 64

III Conformity through Interpretation 68

IV Direct Applicability and Direct Effect 72

V The Relevance of National Law for Union Law 80

7 A Lot More than Brussels Bureaucrats: The Institutional Framework 84

I Introduction 84

II The Union's institutions 85

III Union Regulatory and Administrative Bodies 96

IV Institutions and Bodies of the Member States 102

8 A Suprematist Composition? Differentiation and Flexibility 108

I Introduction 108

II Differentiation in Primary Law 110

III Enhanced Cooperation 120

9 What Deficit? The EU System of Democracy 124

I Introduction 124

II General Considerations 125

III The Political Institutions 128

IV Participatory, Deliberative and Substantive Democracy 136

10 Civis Europe us Sum: The Evolving Concept of Union Citizenship 141

I General 141

II Pie in the Sky? 144

III Who is a Union Citizen? 146

IV The Right to Move and to Reside 148

V From Movement to Citizenship and Beyond 154

11 Taking Rights More Seriously? The EU System of Fundamental Rights 157

I General 157

II Field of Application 162

III Sources and Material Scope 165

IV Non-discrimination 171

V Direct Effect 174

12 Broadening Horizons? The Area of Freedom, Security and Justice 177

I General 177

II Border Checks, Asylum and Immigration 183

III Judicial Cooperation in Civil Matters 192

IV Judicial Cooperation in Criminal Matters 196

V Police Cooperation 202

13 The Internal Market: Liberal, Social or Green? 205

I Introduction 205

II The Economic Free Movement Rights 207

III The Social Dimension 214

IV Environment 220

14 Building a House by Starting with the Roof? Economic and Monetary Policy 224

I Introduction 224

II Monetary Policy 226

III Economic and Fiscal Surveillance 229

IV The Stability Mechanisms 236

V Banking Union 240

VI Built to Last? 242

15 EU External Relations: An Elephant Trumpeting Loud and Clear or a Gaggle of Geese? 244

I General 244

II Institutional Framework for External Action 246

III Union Competences and their Use 251

IV The Union and the Member States 259

V Security and Defence 262

16 Covenants of No Strength to Secure A Man At All? Issues of Enforcement and Control 270

I Introduction 270

II Control of Union Institutions and Bodies 271

III The Role of Member States' Courts and Authorities 280

17 The Elephant in the Room? Concluding Remarks 288

Index 295

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