Suchergebnisse

A major international textbook on EU constitutional law, this book covers the structure, values, procedures, and policies of the EU. It deals with institutional issues, but also with substantive issues of major importance, including citizenship, free movement, fundamental rights, and the EU as an external actor.

"The third edition of this...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...[makes 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. [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."--

This well-researched book analyses the positioning of EU constitutional law towards economic and social integration by contrasting liberal and socially embedded constitutionalism. The book draws on a unique content and discourse analysis of all Grand Chamber decisions on substantive EU law since May 2004. It finds the EU's 'judicial constitution' to be more nuanced and more uniform than expected. While the Court of Justice enforces the constitution of integration, it favours economic freedoms under mainly liberal paradigms, but socially embeds constitutionalism in citizenship cases. The 'judic

Defence date: 16 June 2017 ; Examining Board: Professor Bruno De Witte, EUI (Supervisor); Professor Deirdre Curtin, EUI; Professor Fabian Amtenbrink, Erasmus University Rotterdam; Professor Mark Dawson, Hertie School of Governance Berlin ; Prior to the euro, the topics of constitutional law and monetary policy rarely overlapped. Money was regulated, on the national level, through the ordinary legislative procedures. For European monetary union, the use of constitutional law was nevertheless attractive because it meant that the MS would be in control of the negotiation process, because it enabled a very independent central bank and because it kept the MS in control over the future of the euro. The lack of trust among MS to share a currency was overcome by an abundant trust in law. As the euro was negotiated as a constitutional currency, this created specific opportunities and obstacles for the different parts of the EMU. Once the euro finally came into existence, the constitutional framework of the euro proved remarkably stable for the first decade and a half. After the excitement of Maastricht, monetary policy very quickly became boring again, in no small part due to constitutional law. Unfortunately, EMU primary law was quite successful. During the euro-crisis, EMU primary law shaped the responses to the crisis by placing fewer obstacles on some routes to change than on others. As the crisis developed, some conflicts became the topic of much legal debate and even judicial decisions, whilst other parts of euro-crisis law met with few objections, despite some legally problematic aspects. The possibilities for further reform of the Eurozone without treaty change are then largely the result of the process of reform until now. ; Chapter 3 'The constitutional Euro' of the PhD thesis draws upon an earlier version published as a working paper 'The variable geometry of the eurocrisis: a look at the non-euro area Member States' (2015), 2015/33 EUI Working Paper Law. ; Chapter 1 'Monetary policy and constitutional law before the euro' of the PhD thesis draws upon an earlier version published as a contribution 'Maastricht revisited: economic constitutionalism the ECB and the Bundesbank' (2014) in the book 'The constitutionalization of European budgetary constraints' ; The conclusion of the PhD thesis draws upon an earlier version published as an article 'EU law for a new generation?' (2016) in the journal 'International journal of constitutional law'

The concept of institutional balance is an original theory associated with the development of the EU institutional structure. This article offers a critical analysis of the different uses of the concept. While doing that, the article provides representative samples of the ways in which the concept has been used in the processes of the European integration, including its practical implementation by the European Court of Justice. Our argument is that, in its current state, the concept of institutional balance serves both reactive and transformative functions within the EU law. It emphasises the necessity to periodically check and adjust the power distribution architecture in response to new challenges of the EU evolution process. Moreover, it serves as a conceptual vehicle through which different power configurations within the EU context may be both criticized and legitimized.