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The Early Warning System for the Principle of Subsidiarity
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.
The Law of the Future and the Future of Law
The Law of the Future and the Future of Law is a unique collection of 'think pieces' in which a wide variety of experts share their thoughts on how they envision the future of law. By asking the question -What do you see as the most significant challenges for the development of the law? What developments are we likely to see in the coming two to three decades? What do those developments mean for national legal systems as a whole?- the Hague Institute for the Internationalisation of Law (HiiL) has canvassed the views of a large number of renowned experts in particular areas of law. This volume was prepared as part of the Law of the Future Joint Action Programme and as the basis of the Law of the Future Conference on 23 and 24 June 2011. The Law of the Future Joint Action Programme is based on the premise that prospective thinking about law is not only desirable but also required in order to ensure that law and legal systems do not become obsolete, ineffective or unjust. The aim is to set a world standard in thinking ahead, to guide decision makers today. For more information, visit www.lawofthefuture.org.
The Practice of Public Procurement
When buying goods or services on behalf of a public authority, procurement officers must translate the buyer's needs into tender documents that are clear, lawful, and well-designed. This book is a guide that helps them in this task. Rich in practical examples, it is written for procurement practitioners at all levels of government - from the local to the international - including drafters of calls for tenders, controllers, tender evaluators, managers who authorize public expenditure, risk managers and auditors, as well as for students of public procurement law and public administration. The questions addressed in the book are, among others: How do I design a procurement process that is simpl...
Constitutions Compared
The 5th edition of this handbook provides a user-friendly introduction to comparative constitutional law. For each area of constitutional law, a general introduction and a comparative overview is provided, which is then followed by more detailed country chapters on that specific area. In this fifth edition, the author has expanded several chapters to provide for even more detail on national legal systems and constitutional comparison. In addition, he has updated the discussion wherever necessary. The book has also been expanded with a larger number of (sub)headings so as to allow for a better overview. Furthermore, this book most notably includes many constitutional developments in the const...
How the EU Really Works
The European Union is facing a profound crisis and is confronted with multiple challenges. Over the last two decades, it has experienced a series of dramatic changes to its powers, its institutional design, its constitutional framework and its borders. At the same time, the uneasy relationship between European citizens and elites has complicated both the reform and the function of the Union. While the Lisbon treaty provided some answers to crucial questions, it did not clarify the nature of the EU, which remains at the crossroads of federal and intergovernmental logic. The current economic and financial crisis puts the EU’s legitimacy further under pressure and creates the impression of a ...
National Parliaments Within the Enlarged European Union
This book presents a wide range of perspectives on the role of national parliaments in EU politics and policy-making, looking at efforts to address perceived democratic and information ‘deficits.’
Power and Legitimacy
A succession of crises has marked the last decade of European integration, leading to disorientation among integration scholars. Older frameworks for understanding have been challenged, while the outlines of new ones are only now beginning to emerge. This book looks to history to provide a more durable explanation of the nature and legitimacy of European governance going forward. Through detailed examination of certain fundamental but often overlooked elements in EU history, Peter Lindseth describes the convergence of European integration around the 'postwar constitutional settlement of administrative governance.' 'Administrative' here does not mean 'non-political' or 'technical'-it means th...
European Constitutional Language
Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.
Towards a System of European Criminal Justice
With the developing landscape of a European criminal justice sphere comes an increasing imperative for scholars and practitioners to gain some insight into the diversity that exists in the criminal justice systems of European Union Member States. This book explores the mutual admissibility of evidence; a facet of EU criminal justice that is proving difficult to realise. While the Lisbon Treaty places the issue of mutual admissibility of evidence squarely on the agenda, the EU instruments to date have not succeeded in achieving this goal. Andrea Ryan argues that part of the reason for this failure is that while the mutual recognition instruments have focussed on the issue of gathering evidenc...
Judging European Democracy
In several EU Member States, constitutional courts have reviewed European law on its compatibility with national constitutional law. These judgments deal with issues of major importance such as EU democratic legitimacy, the protection of fundamental rights, and the status of national sovereignty within the EU. Yet should national courts decide such issues of key constitutional significance for the EU? Or is it more democratic to leave these matters to political institutions that represent Europe's citizens and are politically accountable to them? In Judging European Democracy, Nik de Boer argues that the national courts' review of European law can actually constrain democratic debate over th...
