The European Union Under Transnational Law: A Pluralist Appraisal

Erscheinungsjahr 2020
ISBN: 978-1-5099-3825-4
Verlag: HART PUB

Buch, Englisch, 192 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 272 g

Reihe: Modern Studies in European Law

For almost a decade the European Union has been stuck in a permanent crisis. Starting with domestic constitutional crises, followed by an imported financial crisis, it has evolved into a fully formed political crisis. This book argues that none of the crises are exclusively internal to the EU and the responses to date, which have taken inward looking approaches, are simply inadequate. Resolution can only come when the EU engages more fully with transnational law.

This highly topical book offers an innovative dual focus on both transnational and EU law together. It sets out the relationship between the two frameworks by exploring practical concrete problems that transnational law has posed to the EU. These problems are explored from the perspective of four key tenets of both systems, namely the rule of law, democracy, the protection of human rights, and justice. It does this by advancing the theoretical framework of principled legal pluralism. In so doing it offers clear normative guidance as to how the relationship between EU and transnational law should be developed and fostered.

Autoren/Hrsg.

Avbelj, Matej

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht

Inhaltsverzeichnis

1. The Emergence and Growth of Transnational Law

I. Reaching beyond the Exclusive Statist Focus in EU Law

II. The Concept of Transnational Law

III. The Challenges of Transnational Law

2. The Theory of Principled Legal Pluralism

I. A New Theory for a New Legal Polycentricity

II. From Pluralism to Legal Pluralism

III. The Theory of Principled Legal Pluralism

IV. The Advantages of a Theory of Principled Legal Pluralism

3. A Pluralist Conception of the EU

I. Introduction

II. The Many Conceptions of the EU

III. The Union in an Historical Perspective

IV. The EU as a Union

4. Transnational Law and the Rule of Law in the EU

I. Introduction

II. The Rule of Law in the EU

III. The Erosion of the Rule of Law under Transnational Law

IV. Upholding the Rule of Law in the EU under Transnational Law

V. Improving the Rule of Law in the EU-International Law Relationship

5. Transnational Law and Democracy in the EU

I. Introduction

II. On the Concept of Democracy

III. Democracy in the EU

IV. The Pre-emption of National Democracy in the EU

V. The Pre-emption of Supranational Democracy

VI. Assessment from the Perspective of Principled Legal Pluralism

6. EU Law, Transnational Law and Human Rights Protection: The Case of Privacy

I. Introduction

II. The Right to Privacy between Lex Sportiva and EU Law

III. The Right to Privacy between Lex Informatica and EU Law

IV. The EU's Relationship to Lex Sportiva and Lex Informatica Compared

V. Assessment from the Perspective of Principled Legal Pluralism

7. Justice, the EU and Transnational Law

I. Introduction

II. Specificities of Justice in the EU

III. Three Examples of Injustice under Transnational Law

IV. Principled Legal Pluralism and Justice

8. Principled Legal Pluralism, EU Law and Transnational Law

I. The Main Findings of this Book

II. Pluralism versus the Old and New Monisms

Über Autor(innen)

Avbelj, Matej
Matej Avbelj is Professor of European Law at the New University, Slovenia.

Matej Avbelj is Associate Professor of European Law at the Graduate School of Government and European Studies, Nova Univerza, Slovenia.