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The Mimetic Evolution of the Court of Justice of the EU
This book provides fresh perspectives in the legal study of the Court of Justice of the European Union. In the context of European studies, the Court has mainly been analysed in light of its central role in the process of continental integration. Moreover, the Court has traditionally been studied by specialists for its important role as an agent of comparative law. This book studies the evolution of the Court itself, rather than that of the EU legal order in its judge-made dimension, and addresses several institutional aspects of its structure and organization, selected and constructed as a complete range of symptomatic figures of judicial institutionalisation. In doing so, the author seeks to showcase how the development and the institutional evolution of the CJEU happened through a selective internalization of comparative influences.
Comparative Law in Times of Emergencies
I primi due decenni di questo secolo sono stati fortemente segnati da emergenze di ogni tipo: terrorismo, crisi finanziaria, disastri naturali, migrazioni, cambiamenti climatici, infine la pandemia di Covid,19. Come conseguenza della globalizzazione e della geopolitica globale, gli effetti di queste emergenze sono aumentati, richiedendo interventi a diversi livelli, anche sul piano giuridico. Allo stesso tempo, questa tensione globale è spesso messa in discussione da un approccio più locale alle questioni economiche e sociali. Il presente volume raccoglie gli atti del XXVI Convegno biennale dell'Associazione italiana di diritto comparato, dedicato alla indagine sulle conseguenze di tali emergenze per il diritto comparato. Può ragionevolmente discorrersi di un “diritto comparato delle emergenze”? Se le emergenze sono diventante caratteristica strutturale del nostro mondo globalizzato, dovranno i giuristi , tradizionalmente “inseguitori” dei fenomeni sociali , adattare il proprio approccio e adeguarsi al costante mutamento dei contesti giuridici? DOI: 10.13134/979-12-5977-137-7
Constitutional Change through Euro-Crisis Law
A multilevel and comparative constitutional analysis of the impact of Euro-crisis law on the EU Constitution and its Member States.
Radical Constitutional Pluralism in Europe
This book explains the challenge of constitutional pluralism and its importance, showing its theoretical and practical relevance, and giving a sense of why the existing scholarship on the matter is unsatisfactory. The work explores how legal practitioners and theorists have faced the challenge of a society living under two constitutions at the same time. This comes as the European Union, which legally and politically integrates Europe and seems to challenge the view that no State can simultaneously abide by both the venerable national constitutions and the ever-developing EU constitutional law, is increasingly torn between calls for closer integration to face collective challenges and mounti...
An Introduction to the Law of Economic and Monetary Union
This incisive book is an accessible guide to the laws and policies relating to economic and monetary union (EMU). Providing a rich, multidisciplinary analysis, it combines historical, legal and economic perspectives to offer a detailed understanding of how EMU has developed since its inception and how it works in practice today. This book will be a valuable reference for those teaching and studying advanced courses on EU law, as well as courses that cover the economic history of EU integration.
The Canadian Contribution to a Comparative Law of Secession
This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss theimpact of this reference abroad, reflecting upon its influence in European and non-European contexts (Spain,Scotland, the EU after Brexit, Eastern European Countries, Ethiopia, and Asia). Two final chapters, one by a lawyerand one by a political scientist, explore the democratic theory behind that reference.
Subnational Authorities in EU Law
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 e...
The Oxford Handbook of Global Legal Pluralism
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Secession and European Union Law
Secession is a live issue in today's Western Europe. In the last decade, we have witnessed the consolidation of pro-independence movements in Scotland and Catalonia and in the near future, we might see their re-emergence or the rise of other pro-secession movements in other European regions. The response of the EU institutions to secession within EU Member States may well be based mainly on political considerations. However, since the EU is a community based on the rule of law, it has also to justify its position with normative arguments of principle. Secession and European Union Law provides such normative support, drawing on a pluralist reading of the relation between EU law and national l...
Judicial Cosmopolitanism
Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.
