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The Transformation or Reconstitution of Europe
It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure...
The Changing European Union
"It is widely recognised that international order is undergoing transformative change and the old norms no longer apply. This collection looks at how the EU, specifically its judicial wing, is responding to these new challenges. It looks both externally at those internationally shared problems of unequal societies, the rise of populism and the migrant crisis and internally at Brexit, the differences between the EU centre and peripheries and the division of competences. Taking a multifaceted approach, it draws on voices from academia and the judiciary to suggest how the EU might respond effectively to the challenges faced"--
The Transformation or Reconstitution of Europe
It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure...
The European Union's Emerging International Identity
The European Union officially acquired international legal personality with the entry into force of the Lisbon Treaty. Since then, the constitutional foundations of EU external relations have received an ever-greater amount of scholarly attention. So far however, the body of knowledge has remained limited with regard to how the Union is actually being perceived on the global scene. Moreover, its dealings with other international organizations constitute a similar, still underexplored topic. The European Union's Emerging International Identity breaks new ground by addressing both these themes in combination. The resulting volume offers an innovative inquiry into the EU’s image and status, based on a select number of studies of its position and functioning within the framework of eight international organizations.
Free Movement of Goods and Limits of Regulatory Autonomy in the EU and WTO
In every system aimed at trade liberalisation, it is necessary to balance this goal with the protection of (other) values. Not only does this have economic implications, but it also strikes at the heart of regulatory autonomy, sovereignty, division of power between levels and branches of government and constitutionalism. The optimal balance necessarily depends on the system's aims, structure, membership and level of homogeneity. This book explores this broad idea in the specific context of the EU and WTO rules on non-pecuniary restrictions on the free movement of goods and seeks to establish how to optimally interpret them. Furthermore, it demonstrates that the EU internal market rules have strong external effects which can be felt within the WTO.
Great Debates in EU Law
This book introduces students to the great debates in EU law. Rather than simply presenting traditional approaches that provide descriptions (often in historical order) of substantive and constitutional elements of Union law, this book clusters material around these debates in an engaging and lively way. By offering concise analyses of core dilemmas and tensions in EU law, the book provides a different kind of introduction, one that helps students place the discussions within a boarder context and narrative. The authors have found in their teaching that students often struggle with individual aspects and materials without understanding broader narratives, which are traditionally developed in monographs or journal articles that are beyond the reach of undergraduate readers.
Judicial Application of International Law in Southeast Europe
This edited volume presents comparative research on how the courts in Southeast Europe apply international law. After the introductory Part I, Part II discusses specific areas of international law, notably the law of Association Agreements between the EU and third countries, the law of the World Trade Organization, and international environmental law (the Aarhus Convention). Part III consists of country reports on how national courts in Albania, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro, Serbia and Slovenia are currently applying international law.
The Transformation Or Reconstitution of Europe
Transformation or reconstitution of Europe : the European critical legal studies perspective / Siniša Rodin and Tamara Perišin -- On textualist and purposivist interpretation (challenges and problems) / Pierre Schlag -- Proportionality and deference in contemporary constitutional thought / Duncan Kennedy -- Discovering the law of the EU : the European Court of Justice and the comparative law method / Koen Lenaerts -- Ideology and legal reasoning at the European Court of Justice / Tamara Apeta -- Judicial appointments, judicial independence, and the European high courts / Mitchel Lasser -- Transformation or reconstitution of national regulatory policies at the EU level : insiders and outsiders under free movement rules / Tamara Perišin -- Useful effect of the framework decision on the European arrest warrant / Siniša Rodin -- Reflections on European legal formalism / Pieter-Augustijn van Malleghem -- Legal scholarship and external critique in EU law / Daniela Caruso and Fernanda Nicola
International Investment Protection and Constitutional Law
This book develops a conceptual framework that captures not only the tensions between constitutional values that are common to liberal democracies – human rights, democracy, and the rule of law – and the investment treaty regime, but also the potential for co-existence and complementarity.
Proportionality and Transformation
This is the first book on proportionality in Latin American constitutional law. Leading scholars in the region explore how proportionality analysis has become a key part of the constitutional law of a region where, almost paradoxically, constitutions with clear transformative intentions coexist with the highest indicators of social inequality in the world. In this book, scholars, practitioners and students will find a fascinating account of how proportionality has been a central concept in Latin America's constitutional struggles to curtail excessive uses of state power. The book illustrates how, more recently, proportionality has played an important role in national processes of constitutionalization and transitional justice, and how its current uses in the domain of social rights endow it with a distinctive meaning and role in regional constitutionalism. This pioneering book opens up the space for a much needed global conversation on how Latin America has decisively contributed to comparative constitutional law.
