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.

The Constitutional Theory of the Federation and the European Union

The Constitutional Theory of the Federation and the European Union
Author: Signe Rehling Larsen
Publisher: Oxford University Press, USA
Total Pages: 241
Release: 2021-02-04
Genre: Law
ISBN: 0198859260

This book departs from the 'statist' imagination by suggesting the EU is a federal union of states, or a federation. Dedicated to the constitutional theory of federalism, this book gives the strengths and weaknesses of a federation as a political form, its histories, and current perils for the EU.

Constituting Federal Sovereignty

Constituting Federal Sovereignty
Author: Leslie Friedman Goldstein
Publisher: JHU Press
Total Pages: 268
Release: 2001-08-21
Genre: Political Science
ISBN: 9780801866630

Starting from the premise that the system of independent, sovereign, territorial states, which was the subject of political science and international relations studies in the twentieth century, has entered a transition toward something new, noted political scientist Leslie F. Goldstein examines the development of the European Union by blending comparative and historical institutionalist approaches. She argues that the most useful framework for understanding the kinds of "supra-state" formations that are increasingly apparent in the beginning of the third millennium is comparative analysis of the formative epochs of federations of the past that formed voluntarily from previously independent states. In Constituting Federal Sovereignty: The European Union in Comparative Context Goldstein identifies three significant predecessors to today's European Union: the Dutch Union of the 17th century, the United States of America from the 1787 Constitution to the Civil War, and the first half-century of the modern Swiss federation, beginning in 1848. She examines the processes by which federalization took place, what made for its success, and what contributed to its problems. She explains why resistance to federal authority, although similar in kind, varied significantly in degree in the cases examined. And she explores the crucial roles played by such factors as sovereignty-honoring elements within the institutional structure of the federation, the circumstances of its formation (revolt against distant empire versus aftermath of war among member states), and notably, the internal culture of respect for the rule of law in the member states. -- Stephen M. Griffin, Tulane Law School

The United States of Europe

The United States of Europe
Author: Guy Verhofstadt
Publisher: Federal Trust
Total Pages: 0
Release: 2006-08-22
Genre: Political Science
ISBN: 9781903403860

France and the Netherlands have said "no" to the European Constitutional Treaty. In addition to domestic political motives, contradictory fears were in play. Some thought the Treaty brought with it "too much Europe." Some thought it did not bring enough Europe. Others, particularly in the Netherlands, were protesting against the supposed cost of Europe. Yet others thought that the European Union's enlargement has gone ahead much too quickly.What is the next step? The Belgian Prime Minister, Guy Verhofstadt does not mince his words. He wishes to create a "United States of Europe," with all member states of the European Union participating if possible, with a group of "pioneers" if necessary. His book is required reading for anyone who cares about Europe.

The European Union and the Return of the Nation State

The European Union and the Return of the Nation State
Author: Antonina Bakardjieva Engelbrekt
Publisher: Springer Nature
Total Pages: 282
Release: 2020-01-22
Genre: Political Science
ISBN: 3030350053

This book explores the complex and ever-changing relationship between the European Union and its member states. The recent surge in tension in this relationship has been prompted by the actions of some member state governments as they question fundamental EU values and principles and refuse to implement common decisions seemingly on the basis of narrowly defined national interests. Furthermore, Brexit forces the EU for the first time to face the prospect of a major member state preparing to leave the Union. Are these developments heralding the return of the nation-state, and if so, in what form? Is the national revival a lasting phenomenon that will affect the EU for a long time to come, or is it a transitory trend? This book takes an interdisciplinary approach to answer these questions. It brings together scholars from economics, law, and political science to provide insights into the multifaceted relations between the Union and its member states from different perspectives. All chapters are based on up-to-date research findings, succinct assessments of the current state of affairs and ongoing debates about the direction of European integration. The book concludes by offering policy recommendations at European and national levels.

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.

A Union of Peoples

A Union of Peoples
Author: Pavlos Eleftheriadis
Publisher: Oxford University Press
Total Pages: 489
Release: 2020-04-23
Genre: Law
ISBN: 0192596055

Many political and legal philosophers compare the EU to a federal union and believe its basic laws should be subject to the standards of constitutional law, and thus find it lacking or incomplete. This book proposes a rival theory: that the substance of EU law is not constitutional, but international, and provides a close examination of the treaties and the precedents of the European courts to explore this concept further. Just like international law, EU law applies primarily to the relations between member states, who have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this 'internationalist' view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, freely organizing their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness. Presenting an 'internationalist' reading, this book proposes that the EU is a creation of the law of nations, and argues for a dualist account of its legal architecture, with EU law and domestic law allocated different institutional roles.

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.

Making the European Monetary Union

Making the European Monetary Union
Author: Harold James
Publisher: Harvard University Press
Total Pages: 324
Release: 2012-11-19
Genre: Business & Economics
ISBN: 0674070941

Europe’s financial crisis cannot be blamed on the Euro, Harold James contends in this probing exploration of the whys, whens, whos, and what-ifs of European monetary union. The current crisis goes deeper, to a series of problems that were debated but not resolved at the time of the Euro’s invention. Since the 1960s, Europeans had been looking for a way to address two conundrums simultaneously: the dollar’s privileged position in the international monetary system, and Germany’s persistent current account surpluses in Europe. The Euro was created under a politically independent central bank to meet the primary goal of price stability. But while the monetary side of union was clearly conceived, other prerequisites of stability were beyond the reach of technocratic central bankers. Issues such as fiscal rules and Europe-wide banking supervision and regulation were thoroughly discussed during planning in the late 1980s and 1990s, but remained in the hands of member states. That omission proved to be a cause of crisis decades later. Here is an account that helps readers understand the European monetary crisis in depth, by tracing behind-the-scenes negotiations using an array of sources unavailable until now, notably from the European Community’s Committee of Central Bank Governors and the Delors Committee of 1988–89, which set out the plan for how Europe could reach its goal of monetary union. As this foundational study makes clear, it was the constant friction between politicians and technocrats that shaped the Euro. And, Euro or no Euro, this clash will continue into the future.