Division of Powers in European Union Law

Division of Powers in European Union Law
Author: Theodore Konstadinides
Publisher: Kluwer Law International B.V.
Total Pages: 354
Release: 2009-01-01
Genre: Law
ISBN: 9041126155

The European Union has flourished and expanded over the last fifty years as a unique system that lies midway between a federal state and an anarchical international system. Different actors coexist within a cooperative hegemony of Member States, and the allocation of competences and decision-making among them has always been at the centre of the integration process. In fact, demands for clearer limits to the Unionand’s decision-making power and enduring tension over the nature and purpose of European integration have been the key drivers of integration and change. This deeply informed and thoughtful book thoroughly examines the manner in which the principle of division of powers has developed in EU Law over the course of European integration, and casts light on the path towards a more efficient delimitation of internal competence between the main actors: namely, the European Union and the Member States. Among the topics investigated in depth are the following: the place of the and‘competence provisionsand’ in the current and future EU Treaty structure; the scope and limits of the powers of institutional actors involved in EU decision-making; the contribution of the Court of Justice in declaring the pre-emptive effect and overarching precedence of Community law; the role of subsidiarity as a tool for monitoring the jurisdictional limits of the Communityand’s legislative competence; areas where and‘creeping competenceand’ occurs; the constitutional checks and balances available to Member States against unprecedented expansion of EU competences; and the spectre of a powerful and‘coreand’ Europe and a and‘multi-speedand’ Europe of pacesetters and laggards. Addressing numerous crucial issues and– among them the degree of permanence of the nation-state in a context of ambiguous constitutional authority, and the width of the democratic base of the Unionand’s and‘institutional dynamicand’ of cooperation and consensus and– the author lucidly describes a seeming paradox: an and‘ever-closer unionand’, with a growing democratic legitimacy, congruent with a supranational community that falls short of a fully-fledged democratic political entity. The countless perspectives and clarifications discovered along the way are sure to engage academics and policymakers working in the fields of the European integration project, and will provide ample insights and food for thought.

The ABC of European Union Law

The ABC of European Union Law
Author: Klaus-Dieter Borchardt
Publisher: Office for Official Publications of the European Communities
Total Pages: 140
Release: 2010
Genre: Law
ISBN:

Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.

From Dual to Cooperative Federalism

From Dual to Cooperative Federalism
Author: Robert Schütze
Publisher: Oxford University Press, USA
Total Pages: 428
Release: 2009-10-15
Genre: Law
ISBN: 0199238588

What is the federal philosophy underlying the law-making function in the European Union? Which federal model best characterizes the European Union? This book analyses and demonstrates how the European legal order evolved from a dual federalism towards a cooperative federalist philosophy.

Foreign Affairs and the EU Constitution

Foreign Affairs and the EU Constitution
Author: Robert Schütze
Publisher: Cambridge University Press
Total Pages: 557
Release: 2014-10-16
Genre: Law
ISBN: 1107037662

A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.

EU Citizenship and Federalism

EU Citizenship and Federalism
Author: Dimitry Kochenov
Publisher: Cambridge University Press
Total Pages: 869
Release: 2017-04-13
Genre: Law
ISBN: 1108146112

Kochenov's definitive collection examines the under-utilised potential of EU citizenship, proposing and defending its position as a systemic element of EU law endowed with foundational importance. Leading experts in EU constitutional law scrutinise the internal dynamics in the triad of EU citizenship, citizenship rights and the resulting vertical delimitation of powers in Europe, analysing the far-reaching constitutional implications. Linking the constitutional question of federalism and citizenship, the volume establishes an innovative new framework where these rights become agents and rationales of European integration and legal change, located beyond the context of the internal market and free movement. It maps the role of citizenship in this shifting landscape, outlining key options for a Europe of the future.

The Oxford Handbook of the European Union

The Oxford Handbook of the European Union
Author: Erik Jones
Publisher: Oxford University Press
Total Pages: 924
Release: 2012-08-30
Genre: Political Science
ISBN: 0199546282

The Oxford Handbook of the European Union brings together numerous acknowledged specialists in their field to provide a comprehensive and clear assessment of the nature, evolution, workings, and impact of European integration.

Advanced Introduction to European Union Law

Advanced Introduction to European Union Law
Author: Jacques Ziller
Publisher: Edward Elgar Publishing
Total Pages: 163
Release: 2023-12-11
Genre: Law
ISBN: 1035323125

This thoroughly updated second edition of Advanced Introduction to European Union Law provides an essential overview of the diverse fields of EU law and their relevant politics. In precise but accessible language, Jacques Ziller analyses the latest developments in EU law following Brexit, the Covid-19 pandemic, and the Russia-Ukraine war, focusing on the main fields of action for the EU: the internal market, area of freedom, security and justice, and external action.

The Enforcement of EU Law

The Enforcement of EU Law
Author: Stine Andersen
Publisher: OUP Oxford
Total Pages: 272
Release: 2012-11-29
Genre: Law
ISBN: 0191650048

A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Against this backdrop, and as a means of exploring the role of the Commission, the chapters examine a number of different aspects pertaining to enforcement of EU law. Beginning with an appraisal of the Commission's function under the general EU infringement procedure stipulated in Articles 258 and 260 TFEU, the volume argues that the EU lacks independent self-sustained regime authority. Moreover, this is reflected in both substantive EU law and procedural law, including the general EU infringement procedure. Chapter two makes the case that Article 258 TFEU can usefully be explained in terms of managerialism. Chapter three analyses Article 260 TFEU concerning repetitive infringements. In particular, it asserts, EU member state sanctions sustain the managerial approach. It then goes on to examine the Commission's unsuccessful attempts to gain sharper enforcement powers through secondary legislation, and identifies the effective points of functional overlap between enforcement powers and certain types of implementing tools. Finally, it discusses the Commission's role under various non-binding, ad hoc arrangements. The concluding chapter places the general EU infringement procedure in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process, including flexibility and deliberation.