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.

Subnational Authorities in EU Law

Subnational Authorities in EU Law
Author: Michèle Finck
Publisher: Oxford University Press
Total Pages: 237
Release: 2017-09-29
Genre: Law
ISBN: 0192538993

This book explores the role and status of local and regional authorities (also referred to as 'subnational authorities' or 'SNAs') in European Union law, and reveals the existence of two parallel yet opposed constitutional imaginations of the supranational legal order. Through a survey of various areas of EU law, including primary and secondary legislation, case law as well as various soft law instruments, Finck introduces two narratives. These are the 'outsider narrative' and the 'insider narrative' that frame these constitutional imaginations. According to the outsider narrative, the structure of the legal order is bi-centric, composed of the member states and the EU only. This narrative envisages SNAs as outsiders of EU law, whose interactions with Union law are merely of an indirect nature. However, in addition to this well-known account of EU law, a parallel yet distinct narrative can be identified according to which SNAs are insiders that entertain direct relations with the European Union and contribute to the substantive development of EU law. It is illustrated that the coexistence of both narratives has wider implications as it points towards a shift in the structure of the European legal order itself, which is transitioning from bi-centricity to polycentricity.

Democratisation in the European Neighbourhood

Democratisation in the European Neighbourhood
Author: Michael Emerson
Publisher: CEPS
Total Pages: 241
Release: 2005
Genre: Democracy
ISBN: 9290795921

Approaches democratization of the European neighbourhood from two sides, first exploring developments in the states themselves and then examining what the European Union has been doing to promote the process.

A True European

A True European
Author: Mark Hoskins
Publisher: Bloomsbury Publishing
Total Pages: 447
Release: 2004-01-15
Genre: Law
ISBN: 1847310702

Judge David Edward has enjoyed a glittering career. After a substantial,successful period in Scotland, both as a practising advocate and professor of EC law, he was appointed to the Court of First Instance upon its creation in 1989. He was subsequently appointed to the Court of Justice where he has served for many years. This book has been prepared in honour of his retirement from that position in December 2003. The contributions reflect all aspects of Judge Edward's career as a lawyer, both in Scotland and in Luxembourg. In keeping with the respect with which he is held, contributions have been received from eminent members of the Scottish and Luxembourg judiciary, academics and practitioners. Not surprisingly, the main focus is on Community law, with important contributions on competition, institutional, substantive and remedial issues. This book will be an essential addition to the library of anyone with a genuine interest in Community law.