EU Constitutional Law: An Introduction

✍ Scribed by Allan Rosas; Lorna Armati

• Publisher: Hart Publishing
• Year: 2018
• Tongue: English
• Leaves: 367
• Category: Library

✦ Synopsis

The third edition of this acclaimed book continues the story of the EU’s constitutional journey. The EU’s constitution, composed of myriad legal texts, case law and practice, is no less of a moving target than before and the pace of change has, if anything, increased since the publication of the second edition. In a constantly challenging geopolitical context, the EU faces unprecedented political, economic and cultural trials, all of which impact upon the evolution of its constitution. In particular, the migration crisis has given rise to the need for substantial revision of the chapter dealing with the area of freedom, security and justice, and the institutional reforms embarked upon in the quest to restore financial order have taken a more structured form following the inception of a European banking union.
Fully updated to include the ramifications of Brexit, the book succeeds—where others have struggled—in making sense of the EU’s complex constitutional order, focusing on its essential features but taking into account the profound changes that have taken place over the past 20 years. The EU has become much more than an internal economic market. Recently it may even be argued that the focus of action has been in areas such as immigration and third-country nationals, security and defence policy, and penal law and procedure, and the work towards creating a European banking union underlines the continued need to monitor economic and fiscal policy.
Eschewing too much detail, the authors underline the essential values, principles and objectives of the integration regime as well as its basic normative structure and hierarchy. In this context, the decentralised nature of the EU is highlighted as an integral part of its constitutional make-up. Recurring themes include European citizenship, fundamental rights and the rule of law. The book also confronts head-on the problems and challenges facing the Union and the gap which is often perceived between lofty ideals and harsh realities.
The book will be useful to students of EU law and European integration but will also appeal to a broader audience of researchers and practitioners, including political scientists.

✦ Table of Contents

Preface to the Third Edition
Contents
List of Abbreviations
Table Of Cases
1. What Constitution? A Rose by Any Other Name
2. An Elephant That Cannot Be Defined? What the EU Is, and Is Not
I. Introduction
II. Historical Development
III. The Union Today
IV. State-like Features
V. Non-state-like Features
3. Marking the Territory: Principles Governing Union Competences
I. Introduction
II. Basic Treaty Provisions on Competence
III. Articles 114 and 352 TFEU
IV. The Principle of Subsidiarity
4. Who Is the Boss? In Search of a Master of the Treaties
I. Introduction
II. Procedures for Amending the Treaties
III. Creeping Competences?
IV. The Ties that Bind
5. Looking Past the Trees to See the Wood: Construing a Hierarchy of Norms
I. Introduction
II. Foundations of the Union Legal Order
III. Primary Law
IV. International Law
V. Secondary Law and other Acts of the Institutions
6. Into the Estuaries and up the Rivers: Union Law in the National Legal Orders of the Member States
I. Introduction
II. Primacy
III. Conformity through Interpretation
IV. Direct Applicability and Direct Effect
V. The Relevance of National Law for Union Law
7. A Lot More than Brussels Bureaucrats: The Institutional Framework
I. Introduction
II. The Union’s Institutions
III. Union Regulatory and Administrative Bodies
IV. Institutions and Bodies of the Member States
8. A Suprematist Composition? Differentiation and Flexibility
I. Introduction
II. Differentiation in Primary Law
III. Enhanced Cooperation
9. What Deficit? The EU System of Democracy
I. Introduction
II. General Considerations
III. The Political Institutions
IV. Participatory, Deliberative and Substantive Democracy
10. Civis Europeus Sum: The Evolving Concept of Union Citizenship
I. General
II. Pie in the Sky?
III. Who is a Union Citizen?
IV. The Right to Move and to Reside
V. From Movement to Citizenship and Beyond
11. Taking Rights More Seriously? The EU System of Fundamental Rights
I. General
II. Field of Application
III. Sources and Material Scope
IV. Non-discrimination
V. Direct Effect
12. Broadening Horizons? The Area of Freedom, Security and Justice
I. General
II. Border Checks, Asylum and Immigration
III. Judicial Cooperation in Civil Matters
IV. Judicial Cooperation in Criminal Matters
V. Police Cooperation
13. The Internal Market: Liberal, Social or Green?
I. Introduction
II. The Economic Free Movement Rights
III. The Social Dimension
IV. Environment
14. Building a House by Starting with the Roof ? Economic and Monetary Policy
I. Introduction
II. Monetary Policy
III. Economic and Fiscal Surveillance
IV. The Stability Mechanisms
V. Banking Union
VI. Built to Last?
15. EU External Relations: An Elephant Trumpeting Loud and Clear or a Gaggle of Geese?
I. General
II. Institutional Framework for External Action
III. Union Competences and their Use
IV. The Union and the Member States
V. Security and Defence
16. Covenants of No Strength to Secure A Man At All? Issues of Enforcement and Control
I. Introduction
II. Control of Union Institutions and Bodies
III. The Role of Member States’ Courts and Authorities
17. The Elephant in the Room? Concluding Remarks
Index