Suchergebnisse

Defence date: 16 June 2017 ; Examining Board: Professor Bruno De Witte, EUI (Supervisor); Professor Deirdre Curtin, EUI; Professor Fabian Amtenbrink, Erasmus University Rotterdam; Professor Mark Dawson, Hertie School of Governance Berlin ; Prior to the euro, the topics of constitutional law and monetary policy rarely overlapped. Money was regulated, on the national level, through the ordinary legislative procedures. For European monetary union, the use of constitutional law was nevertheless attractive because it meant that the MS would be in control of the negotiation process, because it enabled a very independent central bank and because it kept the MS in control over the future of the euro. The lack of trust among MS to share a currency was overcome by an abundant trust in law. As the euro was negotiated as a constitutional currency, this created specific opportunities and obstacles for the different parts of the EMU. Once the euro finally came into existence, the constitutional framework of the euro proved remarkably stable for the first decade and a half. After the excitement of Maastricht, monetary policy very quickly became boring again, in no small part due to constitutional law. Unfortunately, EMU primary law was quite successful. During the euro-crisis, EMU primary law shaped the responses to the crisis by placing fewer obstacles on some routes to change than on others. As the crisis developed, some conflicts became the topic of much legal debate and even judicial decisions, whilst other parts of euro-crisis law met with few objections, despite some legally problematic aspects. The possibilities for further reform of the Eurozone without treaty change are then largely the result of the process of reform until now. ; Chapter 3 'The constitutional Euro' of the PhD thesis draws upon an earlier version published as a working paper 'The variable geometry of the eurocrisis: a look at the non-euro area Member States' (2015), 2015/33 EUI Working Paper Law. ; Chapter 1 'Monetary policy and constitutional law before the euro' of the PhD thesis draws upon an earlier version published as a contribution 'Maastricht revisited: economic constitutionalism the ECB and the Bundesbank' (2014) in the book 'The constitutionalization of European budgetary constraints' ; The conclusion of the PhD thesis draws upon an earlier version published as an article 'EU law for a new generation?' (2016) in the journal 'International journal of constitutional law'

The Authority of EU Law -- Foreword by Pavel Telička -- Preface -- Contents -- Contributors -- Part I: The authority of European law -- The authority of European law: Do we still believe in it? -- 1 The concept of "authority" -- 2 Reasons for the current stress on the authority of EU law -- 3 Material welfare and the authority of EU law -- 4 Values and the authority of EU law -- 5 Two ostensibly conflicting sets of values -- 6 Democracy, human rights and the rule of law: An inextricable triad -- 7 Active citizenship, clientelism and the sense of rights and duties -- 8 Diversity as European strength -- 9 No demos, no democratic accountability, no democratic representation: the democratic deficit -- 10 The role of the court -- 10.1 The selection of judges -- 10.2 The style of decisions -- 10.3 The composition of the court -- 10.4 The docket -- Reference -- The Court of Justice of the European Union as the guardian of the authority of EU law: A networking exercise -- 1 Introduction -- 2 The dialogue between the Court of Justice and the national courts of the Member States -- 3 The dialogue between the national courts of the Member States -- 4 Conclusion -- References -- Part II: The impact of legislation on the authority of EU law -- A view from the European Commission -- 1 Lobbyists, delegated and implementing acts, and subsidiarity -- 2 Quality of legislation -- Can the authority of EU law be taken for granted? A tale of principles and realities -- 1 Introduction -- 2 Can the law-making affect the authority of EU law? -- 2.1 Democratic legitimacy -- 2.2 Transparency -- 2.3 Subsidiarity -- 2.4 Comitology, lobbying and the quality of legislation -- 3 What is most likely to affect the authority of EU law? -- 3.1 Searching for the authority of EU law -- 3.2 Need of support for the European project -- 3.3 Need of compliance with the European project.

Intro -- Editorial Board -- Preface -- Contents -- Editors and Contributors -- 1 Introduction: Exploring the Concept of a Constitutional Identity for the European Union -- 1.1 Constitutional Identity Beyond the Member States -- 1.2 A Constitutional Identity for the EU? -- 1.3 The Content and Scope of a Constitutional Identity for the EU -- 1.4 The Function and Operation of a Constitutional Identity for the EU -- 1.5 Constitutional Identity in the EU and Beyond -- References -- 2 Three Meanings of Constitutional Identity and Their Prospects in the European Union -- 2.1 Forms and Functions of Constitutional Identity -- 2.2 The EU Treaties as a "Functional" Constitution -- 2.3 Weakness of European Constitutional Identity -- 2.4 Different Sources of Identity -- 2.5 Auspices for a European Constitutional Identity -- References -- 3 A Plaidoyer Against the Sisyphean Endeavour to Imagine the Constitutional Identity of the EU -- 3.1 Introduction -- 3.2 The Oracle of Delphi -- 3.2.1 Know Thyself -- 3.2.2 European (Constitutional) Identity-Two Contrastive Methodological Narratives -- 3.2.3 (Constitutional) Identity as an Evasive Concept -- 3.2.4 An Endeavour of Numerous Projections-Following the Intuition and Creating the Meaning -- 3.2.5 Shared Constitutional Traditions-Comparison and Differentiation -- 3.3 Identity as Conceptual Substitute for Sovereignty-Nihil Novum Sub Sole -- 3.3.1 Conceptual History -- 3.3.2 Sovereignty and Identity Together -- 3.3.3 European Sovereignty and Neo-Colonial Delusions -- 3.4 Identity as a Relation -- 3.4.1 Identity as Relational, not Descriptive -- 3.4.2 Identified Subject Matter as Idea or Narrative -- 3.4.3 Singleness and Multitude of Identities -- 3.5 Tensions Between Identity and Democracy -- 3.5.1 Identity as Perpetuum Mobile -- 3.5.2 (Dis)Ability of Change and the Hierarchy of Norms.

In June 2003, the Convention on the Future of Europe released what may become the Constitution of the European Union. This timely volume provides one of the first critical assessments of the draft Constitution from the vantage point of political theory.The work combines detailed institutional analysis with normative political theory, bringing theoretical analysis to bear on the pressing issues of institutional design answered - or bypassed - by the draft Constitution. It addresses several themes that play out differently in federal arrangements than in unitary political orders:* European value

International economists and other scholars address the major issues that arise in writing a European constitution, including the evolution of federalism and the role of direct democracy.The leaders of European Union member states have declared that a European constitution should take "a clear, open, effective, democratically controlled Community approach." Their goal--that within the Union, "European institutions should be brought closer to its citizens"--raises many questions about implementation. What is the most effective procedure for connecting citizens' preferences to political action and policy choices at the EU level? The contributors to this CESifo volume, internationally prominent economists and other scholars, address the major issues that arise in the writing of a constitution. They do so with the underlying assumption that individuals are rational actors and the goal of the state is to advance their collective interests.The ten chapters consider such topics as how a constitution might be designed to prevent military conflict, whether the EU will evolve "by default" into a federal state, the apparent contradiction between the evolutionary development of the EU and the static structure of the constitution, the definition of citizenship and rights, the division and distribution of power, the budgetary deadlock on the provision of public goods and the redistribution of resources, coordinating policy, alternative methods for choosing an EU president, and the role of such direct democracy institutions as referenda and initiatives. The editors conclude by summing up the main arguments advanced to offer a unified sapproach to these issues.

How is the international responsibility of the European Union determined? In the context of the multilayered and ever evolving Union legal order, the Lisbon Treaty has introduced considerable changes to the Union's participation in international affairs. These essays address the various questions raised by the Union's international responsibility.

1. The establishment of the European Communities and European Union and sources of law -- 2. Relationship between EU law and national law -- 3. European Union institutions -- 4. Preliminary rulings -- 5. Free movement of persons and citizenship -- 6. EU sex equality legislation -- 7. Free movement of goods -- 8. Putting it into practice.

Intro -- EU Language Law by Stefaan van der Jeught -- Dedication -- Preface -- Acknowledgments -- Contents -- Part I: Setting the Scene: What is Language Law? -- Part II: Language Policy of the European Union -- Part III: General Conclusions and Recommendations -- Epilogue: Coming to Grips with the Past -- Bibliography -- Table of Cases -- Index.

"This work examines the rules governing the right to asylum in the European Union. The book analyses a number of sources of law including international law, EU law and the case law of the European Court of Human Rights. The book considers the 1951 United Nations Convention relating to the Status of Refugees and the 1967 Protocol in order to understand the degree to which asylum obligations under international refugee law have been incorporated into the European Union. The book has a particular focus on the prohibition of refoulement the main obligation the EU law must confront. The dual nature of this principle is explored looking at both the obligation imposed upon a state to provide a fair procedure to determine the conditions of risk in the country of origin or destination, and also the obligation to refrain from or to respond to a possible expulsion. Through this investigation the book sheds light on the EU competence on asylum in relation to the different position of Members States"--

Defence date: 4 September 2014 ; Examining Board: Professor Fabrizio Cafaggi, EUI (Supervisor); Professor Hans-W. Micklitz, EUI; Professor Geneviève Saumier, McGill University; Professor Carla Sieburgh, Radboud University Nijmegen ; This thesis seeks to determine whether, and if so, in what form, comparative analysis constitutes a theoretical and methodological component of the Europeanisation of private law; following a review of legislative efforts at harmonisation, the thesis evaluates the CJEU as a "comparative laboratory". It begins with an exploration of the nature of Europeanisation and integration, which highlights the significance of the political, economic and legal as well as social and cultural contexts in which these processes occur. In light of this initial analysis, from which the significance of the national foundations of private law also comes to the fore, the European space is advanced as one of commonality and diversity of legal cultures and traditions. Recognising the unlikelihood of the codification of private law, the thesis makes a plea for the recognition of a shift in the perspective of legal development, to one which acknowledges the dynamic nature of private law as it emerges within a pluralist, multi-level construct of regulation. Against this background and in light of the contextual perspective to which it gives rise, the thesis argues that comparative analysis might facilitate the development of such a perspective, particularly in light of the role of the courts, both national and European. Notwithstanding this potential, a critical assessment of contemporary comparative law reveals its theoretical and methodological poverty and illustrates the need for a developed understanding of "complex" comparison, engaging this aforementioned shift in perspective. The foundations of the evaluation of the CJEU as a "comparative laboratory" are brought to light via a socio-legal assessment of its constitution and jurisdiction; the evaluation thereafter intertwines the theoretical and case-based analyses, engaging the preliminary reference procedure as a fundamental epistemological standpoint and concretising the discourse with three case examples of CJEU jurisprudence, in which conflicts of a private law nature arise. These case analyses provide the foundations for the construction of two classifications, namely of the sources of comparison in the CJEU and of the context and purposes for which comparison is engaged, both of which illustrate the existence of comparative analysis as a tool of interpretation. A second round of evaluation advances and facilitates the understanding of the relevance of comparative analysis not only as a tool of interpretation but also as a second-order device, in respect of the CJEU's development of its "meta-mechanisms" of Europeanisation and integration, essentially building on the analysis undertaken to ask why comparative analysis should be engaged by the Luxembourg Court.