Critical Reflections on Constitutional Democracy in the European Union

Critical Reflections on Constitutional Democracy in the European Union
Author: Sacha Garben
Publisher: Bloomsbury Publishing
Total Pages: 604
Release: 2019-11-14
Genre: Law
ISBN: 1509933263

This book takes a wide-ranging approach to tackle the complex question of the current state of constitutional democracy in the EU. It brings together a broad set of academics and practitioners with legal and political perspectives to focus on both topical and perennial issues concerning constitutional democracy (including safeguarding the rule of law and respect for fundamental rights) in theory and practice, primarily at EU level but also with due regard to national and global developments. This approach underlines that rather than a single problématique to be analysed and resolved, we are presently facing a kaleidoscopic spectrum of related challenges that influence each other in elusive, multifaceted ways. Critical Reflections on Constitutional Democracy in the European Union offers a rich analysis of the issues as well as concrete policy recommendations, which will appeal to scholars and practitioners, students and interested citizens alike. It provides a meaningful contribution to the array of existing scholarship and debate by proposing original elements of analysis, challenging often-made assumptions, destabilising settled understandings and proposing fundamental reforms. Overall, the collection injects a set of fresh critical perspectives on this fundamental issue that is as contemporary as it is eternal.

Critical Reflections on Constitutional Democracy in the European Union

Critical Reflections on Constitutional Democracy in the European Union
Author: Sacha Garben
Publisher: Hart Publishing
Total Pages: 448
Release: 2021-05-20
Genre: Law
ISBN: 9781509952052

This book takes a wide-ranging approach to tackle the complex question of the current state of constitutional democracy in the EU. It brings together a broad set of academics and practitioners with legal and political perspectives to focus on both topical and perennial issues concerning constitutional democracy (including safeguarding the rule of law and respect for fundamental rights) in theory and practice, primarily at EU level but also with due regard to national and global developments. This approach underlines that rather than a single problématique to be analysed and resolved, we are presently facing a kaleidoscopic spectrum of related challenges that influence each other in elusive, multifaceted ways. Critical Reflections on Constitutional Democracy in the European Union offers a rich analysis of the issues as well as concrete policy recommendations, which will appeal to scholars and practitioners, students and interested citizens alike. It provides a meaningful contribution to the array of existing scholarship and debate by proposing original elements of analysis, challenging often-made assumptions, destabilising settled understandings and proposing fundamental reforms. Overall, the collection injects a set of fresh critical perspectives on this fundamental issue that is as contemporary as it is eternal.

Cassis de Dijon

Cassis de Dijon
Author: Albertina Albors-Llorens
Publisher: Bloomsbury Publishing
Total Pages: 304
Release: 2021-02-25
Genre: Law
ISBN: 1509936653

Why is the 1979 the Court of Justice judgment in Cassis de Dijon so famous and so significant in the evolution of EU trade law?. As this landmark judgment approaches middle age, this book revisits this decision with the benefit of hindsight: why did the Court of Justice decide Cassis de Dijon as it did? How has the decision been developed by the EU? And, looking forward, how has the decision been used to develop international trade? This book brings together some of the leading writers in the field of EU trade law, constitutional law and European history for a fresh examination of this ground-breaking judgment, looking at it from the perspective of its past (who, what and why); its present (is it making a difference?); and its future (how does it fit in international trade agreements).

The Rule of Law’s Anatomy in the EU

The Rule of Law’s Anatomy in the EU
Author: Allan Rosas
Publisher: Bloomsbury Publishing
Total Pages: 241
Release: 2023-06-15
Genre: Law
ISBN: 1509955089

This study, with its approach rooted in EU law and its clear focus on conceptual underpinnings, grapples with one of the most challenging questions facing constitutional lawyers today; namely the rule of law. Drawing on the expertise of leading scholars and judges at the forefront of the question, it takes a dual approach. It opens by setting out the foundations of the rule of law, including legal certainty, democratic principles and judicial independence. It goes on to explore the protections that can be relied upon, from policy developments, to human rights sanctions, and infringement actions. This is a rapidly developing question in EU constitutional law, so this masterful collection will be welcomed by both scholars and policy-makers in the field.

Revisiting Judicial Politics in the European Union

Revisiting Judicial Politics in the European Union
Author: Mark Dawson
Publisher: Edward Elgar Publishing
Total Pages: 389
Release: 2024-03-14
Genre: Law
ISBN: 1035313510

Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.

The Dynamics of Powers in the European Union

The Dynamics of Powers in the European Union
Author: Christina Eckes
Publisher: Bloomsbury Publishing
Total Pages: 347
Release: 2024-09-19
Genre: Law
ISBN: 1509971610

Separation of powers is the time-tested touchstone of the legitimate exercise of power in modern democracies. This collection examines decision-making in the EU's multilayered and polycentric constitutional structure through this lens. The focus on separation of powers reveals how strong executive powers collaborate in the EU as a single source of public power, which is not sufficiently counterbalanced by parliaments or the judiciary. The collection explores 3 policy fields marked by crisis: the economic and monetary union (EMU), migration, and trade. Drawing on expertise from across these sectors, with a strong conceptual thread linking all the contributions, this important work illustrates how different branches of government co-determine each others' powers.

Constitutionalism Under Stress

Constitutionalism Under Stress
Author: Uladzislau Belavusau
Publisher: Oxford University Press, USA
Total Pages: 385
Release: 2020
Genre: Law
ISBN: 0198864736

This volume brings together leading scholars of comparative constitutional law to reflect on current challenges to liberal constitutionalism and democratic governance, as inspired by the work of Professor Wojciech Sadurski.

The Changing Role of Citizens in EU Democratic Governance

The Changing Role of Citizens in EU Democratic Governance
Author: Davor Jancic
Publisher: Bloomsbury Publishing
Total Pages: 365
Release: 2023-02-23
Genre: Political Science
ISBN: 1509950842

This collection discusses the challenges of reforming EU democracy through increased citizen participation beyond elections. It asks fundamental questions such as whether the institutionalisation of citizens in EU public law is a prerequisite for addressing these challenges and the extent to which such institutionalisation is taking place in the EU. To these ends, the contributors analyse the latest institutional initiatives, proposals and practices such as: *citizen assemblies; *citizen consultations and dialogues on European integration and draft legislation; *the Conference on the Future of Europe; *the reform of the European Citizens' Initiative; *the evolving role of the European Ombudsman; *citizen petitions to the European Parliament; *the roles of the civil society and the European Economic and Social Committee. Offering reflections on the impact of the Covid-19 pandemic, this book is a much needed reminder of the importance of the role of citizens in EU governance.

Not What The Bus Promised

Not What The Bus Promised
Author: Tamara Hervey
Publisher: Bloomsbury Publishing
Total Pages: 279
Release: 2023-10-05
Genre: Law
ISBN: 1509951512

What does the UK's exit from the EU mean for health and the NHS? This book explains the legal and practical implications of Brexit on the NHS: its staffing; especially on the island of Ireland; medicines, medical devices and equipment; and biomedical research. It considers the UK's post-Brexit trade agreements and what they mean for health, and discusses the effects of the COVID-19 pandemic on post-Brexit health law. To put the legal analysis in context, the book draws on over 400 conversations the authors had with people in the north of England and Northern Ireland, interviews with over 40 health policy stakeholders, details of a film about their research made with ShoutOut UK, the authors' work with Parliaments and governments across the UK, and their collaborations with key actors like the NHS Confederation, the British Medical Association, and Cancer Research UK. The book shows that the language people use to talk about hoped-for legitimate post-Brexit health governance suggests a great deal of faith in law and legal process among 'ordinary people', but the opposite from 'insider elites'. Not What The Bus Promised puts the authors' knowledge and experiences centre frame, rather than claiming to express 'objective reality'. It will be of interest to any reader who cares about the NHS and wants to understand its present and future.

The Politics of Legal Expertise in EU Policymaking

The Politics of Legal Expertise in EU Policymaking
Author: Päivi Leino-Sandberg
Publisher: Cambridge University Press
Total Pages: 379
Release: 2021-09-23
Genre: Law
ISBN: 1108830056

The inside story of the daily work of lawyers in the EU institutions and their impact on EU policy making.