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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.
The Procedural and Organizational Law of the European Court of Justice
This book provides the first theory on how decisions by the European Court of Justice should be made.
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.
The Transformation of Europe
This collection of essays considers the extent to which Joseph Weiler's thinking on the nature of European law holds today.
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...
Legal Pluralism Explained
Legal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, postcolonial legal studies, women's rights and human rights, comparative law, international law, transnational law, European Union law, jurisprudence, and law and development scholarship. A great deal of confusion and theoretical disagreement surrounds discussions of legal pluralism--which this book aims to clarify and help resolve. Drawing on historical and con...
The Tangled Complexity of the EU Constitutional Process
Despite, or perhaps because of, the rejection of the EU Constitutional Treaty eventually leading to the adoption of the Lisbon Treaty, the debates concerning the European Union's constitutional framework continue. This book builds on the discourse in European Union constitutionalism in order to offer a novel analysis of the EU's constitutional developments. The book considers the constitutional trends of the process of EU integration before applying a transdisciplinary concept of complexity developed in the work of Edgar Morin to the EU. In doing this Giuseppe Martinico sets out a unique account of EU constitutionalism which argues that the EU legal order is a complex entity which shares some features with complex natural systems. The book then goes on to explore the methodological implications of such constitutional complexity for the study of EU law.
The Politics of the European Union
The European Union is a key player in determining policies and politics in Europe, and yet understanding how it works remains a challenge. The Politics of the European Union introduces students to its functioning by showing the similarities and differences between the EU and national political systems. Fully revised and updated in its third edition, this introductory textbook uses the tools of comparative politics to explore the history, theories, institutions, key actors, politics and policy-making of the EU. This comparative approach enables students to apply their knowledge of domestic politics and broader debates in political science to better understand the EU. Numerous real-world examples guide students through the textbook, and chapter briefings, fact files and controversy boxes highlight the important and controversial issues in EU politics. A companion website features free 'Navigating the EU' exercises to guide students in their analysis of EU policy-making.
The New Economic Governance of the Eurozone
An in-depth study of the Eurozone's economic governance and its constitutional foundations.
The Prudential Carve-Out for Financial Services
Studies the GATS prudential carve-out as well as prudential carve-outs in preferential trade agreements.
