Varieties of European Subsidiarity

Varieties of European Subsidiarity
Author: Ralf Alleweldt
Publisher:
Total Pages: 228
Release: 2021-02-22
Genre: Political Science
ISBN: 9781910814574

Subsidiarity as a principle in favour of decentralised decision-making is a cornerstone of the very legal construction of the EU. Yet, the question of how decision-making powers should be distributed between the EU and the member states is not, or only to a minimal extent, answered in Article 5 (3) of the Treaty on European Union (TEU). This collection draws on social science disciplines to go beyond a purely legal analysis to provide clarity over this principle as applied. With the help of theoretical exploration and empirical case studies the contributors identify significant variation in the implementation of the subsidiarity concept. By tracing the precise location of political authority at different levels of European governance they examine the pressures for effective decision-making despite the changing policy preferences of governments.

Global Perspectives on Subsidiarity

Global Perspectives on Subsidiarity
Author: Michelle Evans
Publisher: Springer
Total Pages: 229
Release: 2014-05-16
Genre: Law
ISBN: 9401788103

Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.​

The Early Warning System for the Principle of Subsidiarity

The Early Warning System for the Principle of Subsidiarity
Author: Philipp Kiiver
Publisher: Routledge
Total Pages: 216
Release: 2012-02-21
Genre: Law
ISBN: 1136459847

This book offers a comprehensive systematic analysis of the European Union’s Early Warning System (EWS) for subsidiarity, which was introduced by the Treaty of Lisbon. The book includes both a detailed theoretical analysis of the EWS as well as an assessment of how national parliaments have responded to EU legislative proposals under the system. Philipp Kiiver explores whether the EWS could function as a mechanism of legal accountability offering a partial remedy to the European Union’s much-discussed accountability deficit. The Early Warning System for the Principle of Subsidiarity provides an overview of the historical developments of national parliamentary involvement in the EU and also considers the broader implications of the EWS, including its relationship to democracy and legitimacy. The book will be of particular interest to academics and students of EU Law, Constitutional Law and Political Science.

Making Sense of Subsidiarity

Making Sense of Subsidiarity
Author: Centre for Economic Policy Research (Great Britain)
Publisher: Centre for Economic Policy Research
Total Pages: 204
Release: 1993
Genre: Business & Economics
ISBN: 9781898128038

This report argues that until detailed arguments for and against centralization through the European Union, there remains an incomplete guide to the principle decision of where power should reside.

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.

Europe's Future

Europe's Future
Author: Sergio Fabbrini
Publisher: Cambridge University Press
Total Pages: 183
Release: 2019-03-14
Genre: Political Science
ISBN: 1316999521

Sergio Fabbrini proposes a way out of the EU's crises, which have triggered an unprecedented cleavage between 'sovereignist' and 'Europeanist' forces. The intergovernmental governance of the multiple crises of the past decade has led to a division on the very rationale of Europe's integration project. Sovereignism (the expression of nationalistic and populist forces) has demanded more decision-making autonomy for the EU member states, although Europeanism has struggled to make an effective case against this challenge. Fabbrini proposes a new perspective to release the EU from this predicament, involving the decoupling and reforming of the EU: on the one hand, the economic community of the single market (consisting of the current member states of the EU and of others interested in joining or re-joining it); and on the other, the political union (largely based on the eurozone reformed according to an original model of the federal union).

The Law of the European Union and the European Communities

The Law of the European Union and the European Communities
Author: Pieter Jan Kuijper
Publisher: Kluwer Law International B.V.
Total Pages: 1251
Release: 2018-09-28
Genre: Law
ISBN: 9041154124

The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

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.

EU External Relations Post-Lisbon

EU External Relations Post-Lisbon
Author:
Publisher: BRILL
Total Pages: 469
Release: 2020-07-13
Genre: Law
ISBN: 900442198X

Despite the Lisbon Treaty reforming the EU Treaty provisions on external relations, it was argued at the time of the Treaty’s entry into force that ‘mixity was here to stay’. While this has indeed proven to be the case, the Court of Justice’s jurisprudence has nonetheless redrawn the contours within which mixity can thrive and for the first time has confirmed the existence of ‘facultative mixity’. In light of these significant post-Lisbon developments the volume aims to clarify the law and policy of facultative mixed agreements in the EU’s treaty practice and this not only from the perspective of EU (constitutional) law itself but also from the perspective of the EU Member States’ legal systems, that of the EU’s third country treaty partners and that of public international law itself.