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The Foundations of the EU as a Polity
In this insightful book, Massimo Fichera provides an original account of European integration as a process. He argues that European constitutionalism has been informed from its earliest stages by a meta-rationale, which is expressed by security and fundamental rights as discourses of power. Employing this descriptive and normative conceptual framework to analyse the development of the EU as a polity, chapters cover significant recent events such as the Eurozone crisis, the refugee crisis, the rule of law crisis, Brexit and the constitutional identity crisis.
The EU and Constitutional Time
This insightful book examines the inherent fragility of modern liberal constitutionalism and shows how it is in the nature of every constitutional community, including the European Union, to try to protract its own duration as much as possible. The book considers the strengths, weaknesses, tensions and contradictions of European constitutionalism using the lens of constitutional time.
The Implementation of the European Arrest Warrant in the European Union
This book provides a critical analysis of the principle of mutual recognition of judicial decisions in criminal matters in the European Union through a detailed assessment of its most prominent instrument, the European Arrest Warrant (EAW). It conceptualizes and contextualizes the lack of clear vision in the building up of the area of freedom, security, and justice from an EU constitutional law, as well as a comparative and international criminal law standpoint. The EAW is considered both as a test for all the other measures which have been adopted or will be adopted as part of the mutual recognition agenda, and as an evolution of classic extradition. On the one hand, its significance is vie...
Polity and Crisis
European integration is an open-ended, ongoing process which has been deeply challenged by integral world capitalism. This study explores the present EU foundational dilemma, looking at the problematic relationship between the ideal model of integration and the reality of the 21st century. Including contributions from leading theorists, this volume explores the ways and extent to which the present European crisis could create a politico-legal space for new possibilities and opportunities for action. The authors discuss the current role of the EU, and whether it aspires to be a democratic polity or a functional organization based on inter-governmental bargaining. The chapters question whether...
Law, Community and Ultima Ratio in Transnational Law
The paper aims to examine the concept of transnational law and the way market forces affect the notion of community at the transnational level. Can the principle of ultima ratio operate in this context and how should this occur? Recent events, including the expansion of the anti-money laundering legislation and the measures enacted following the economic crisis, will be used as emblematic cases illustrating the development of transnational law and its impact on society. The analysis will also focus on a general discussion on whether the market can be considered an integral part of a transnational community and the extent to which principles and ideas generated in criminal law can contribute ...
Law and Security in Europe
This collection of essays is divided in two parts. In the first part, security is considered from a theoretical angle, as a phenomenon that has become an integral part of modern society and inevitably interacts with law in many ways. The aim of the authors' analyses is to emphasise the ambiguity of the notion of security and its tendency to expand and affect simultaneously different fields of law. Depending on the adopted approach, security can be understood in many different terms and through various concepts. The second part of the book considers some of these security dilemmas in two specific areas of law: human rights and criminal law.
Polity Out of Crisis
This book addresses the present EU foundational dilemma by looking at the problematic relationship between the ideal model of integration and the reality of the 21st century. It discusses the current role of the EU and whether it aspires to be a democratic polity or a functional organization based on inter-governmental bargaining and explores the ways and extent to which the present European crisis could create a politico-legal space for new possibilities and opportunities for action.
Sketches of a Theory of Europe as an Area of Freedom, Security and Justice
The main argument of this chapter is that the EU area of freedom, security and justice can be theoretically viewed as a space, which is presented as relying on normative claims, but, in fact, betrays its imperialistic ambitions. Within this space operates a powerful security discourse, which is inherently expansive, both internally and externally to the EU. The EU liberal project thus reveals its contradictions, because, in the very moment it puts forward its claim of universality, it falls prey of security's existential dimension, which dictates that the internal market must not only function smoothly, but must also be a secure market.
