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Legal advisers working in the institutions of the European Union exercise significant power, but very little is known about their work. Notwithstanding the handful of cases where legal matters find their way into the news, legal advice remains invisible in EU policy making. For more than ten years Päivi Leino-Sandberg was a part of the invisible community of EU legal advisers, and participated in the exercise of their power. In this book, she shares her insights about how law and lawyers work in the EU institutions, and what their role and impact is on EU decisions from within the decision-making structure. She draws on interviews with over sixty EU lawyers and policymakers: legal experts who interpret the Treaties within the Institutions, draft legislation and defend the Institutions before the EU Court. Telling the true stories behind key negotiations, this book explores the interplay and tensions between legal requirements and political ambitions.
This edited collection examines the changing role of the legal profession as experts in the context of European Union policy-making. Drawing on theoretical and empirical research and the idea of law as a social and political practice, this socio-legal work brings together a group of legal scholars and political scientists to investigate how lawyers, through the deployment of their expertise and knowledge, act as experts in matters of EU related policy-making at the national, European and international levels. It provides new theoretical viewpoints and untold stories from legal experts themselves, promotes an evolving definition of what constitutes legal expertise and what shapes legal experts in a time when experts are in equal measure both revered and ignored, and introduces new critical voices in the field of EU socio-legal studies.
Separation of powers is the time-tested touchstone of the legitimate exercise of power in modern democracies. This collection examines decision-making in the EU's multilayered and polycentric constitutional structure through this lens. The focus on separation of powers reveals how strong executive powers collaborate in the EU as a single source of public power, which is not sufficiently counterbalanced by parliaments or the judiciary. The collection explores 3 policy fields marked by crisis: the economic and monetary union (EMU), migration, and trade. Drawing on expertise from across these sectors, with a strong conceptual thread linking all the contributions, this important work illustrates how different branches of government co-determine each others' powers.
An authoritative reference work on the legal framework of European economic and monetary union, this book comprehensively analyses the legal foundations, institutions, and substantive legal issues in EU monetary integration.
EU citizenship law is revealed to have been a tragedy thirty years in the making in the era of Brexit.
After the fall of the Berlin Walle, Western political principles (such as human rights, democracy, thr rule of law, and liberal market economy) have come to occupy the centre of international legal debates. For the European Union, human rights are not only believed to constitute Europes much-invoked common values and thus form the basis of its identity; they are also believed - somewhat paradoxically - to be universally shared. Contering the easy self-evidence attached to the universality of human rights, P?ivi Leino-Sandbergs doctoral dissertation discusses the problems that emerge when the universality of rights is used as a tool for particular policies and objectives in the context of the European Union. The central theme of her thesis is the collapse of universality the way it has been interpreted in the EU, and its new understanding as a fragile aspiration, calling for dialogue and wider participation.
A comprehensive analysis of the legal constraints to third countries' participation in the European Union's internal market.
A critical history of European sovereignty and property rights as the foundation of the international order in 1300-1870.
This book represents the first attempt to examine how EU fundamental rights are protected and enforced by EU governing bodies.
An examination of executive actors' accountability for EU economic decisions in the aftermath of the euro crisis.