Buch, Englisch, 592 Seiten, Format (B × H): 175 mm x 250 mm, Gewicht: 1167 g
Buch, Englisch, 592 Seiten, Format (B × H): 175 mm x 250 mm, Gewicht: 1167 g
ISBN: 978-0-19-874656-0
Verlag: ACADEMIC
It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come.
Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history.
Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.
Autoren/Hrsg.
Fachgebiete
Weitere Infos & Material
- Introductory Remarks
- Part I: Theoretical Issues
- 1: Dimitry Kochenov: The Acquis and Its Principles: The Enforcement of the 'Law' vs. the Enforcement of 'Values' in the European Union
- 2: Giulio Itzcovich: On the Legal Enforcement of Values. The Importance of the Institutional Context
- 3: Matej Avbelj: Pluralism and Systemic Defiance in the European Union
- Part II: Instruments and Methods: Established and Proposed
- 4: Laurence W. Gormley: Infringement proceedings
- 5: Pål Wennerås: Making Effective Use of Article 260 TFEU
- 6: Morten Broberg: Preliminary References as a Means for Enforcing EU Law
- 7: Norbert Reich: Francovich Enforcement Analysed and Illustrated by German (and English) Law
- 8: Leonard Besselink: The Bite, the Bark and the Howl: Article 7 TEU and the Rule of Law Initiatives
- 9: Fabian Amtenbrink and René Repasi: Compliance and Enforcement in Economic Policy Coordination in EMU
- 10: KJ Cseres: Rule of Law Values in the Decentralized Public Enforcement of EU Competition Law
- 11: Oana Stefan: Soft Law and the Enforcement of EU Law
- 12: Armin von Bogdandy, Carlino Antpöhler and Michael Ioannidis: Protecting EU Values Reverse Solange and the Rule of Law Framework
- 13: Jan-Werner Müller: A Democracy Commission of One's Own, or: What it would take for the EU to safeguard Liberal Democracy in its Member States
- 14: András Jakab: Application of the EU Charter in National Courts in Purely Domestic Cases
- Part III: Comparative Outlook
- 15: Dirk Hanschel: Enforcement of Federal Law against the German Länder
- 16: Céline Romainville and Marc Verdussen: The Enforcement of Federal Law in the Belgian Federal State
- 17: Alberto López-Basaguren: Regional Defiance and Enforcement of Federal Law in Spain: The Claims for Sovereignty in the Basque County and Catalonia
- 18: Mark Tushnet: Enforcement of National Law against Subnational Units in the United States
- 19: Élisabeth Lambert Abdelgawad: The Enforcement of ECtHR Judgments
- 20: Antonello Tancredi: Enforcing WTO Law
- 21: Irène Couzigou: Enforcement of UN Security Council Resolutions and of International Court of Justice Judgments: The Unreliability of Political Enforcement Mechanisms
- 22: Carlos Closa: Securing compliance with democracy requirements in regional organisations
- Part IV: Case Studies in the EU
- 23: Franz C. Mayer: Defiance by a Constitutional Court - Germany
- 24: Jacques Ziller: Defiance for European Influence - the Empty Chair and France
- 25: Konrad Lachmayer: Questioning the Basic Values - Austria and Jörg Haider
- 26: Zoltán Szente: Challenging the Basic Values - The Problems of the Rule of Law in Hungary and the Failure of the European Union to Tackle Them
- 27: Michael Ioannidis: Weak Members and the Enforcement of EU Law
- 28: Adam Lazowski: Inside but out? The United Kingdom and the European Union
