European Union Law for the Twenty-First Century : Rethinking the New Legal Order.

Half Title Page -- Title Page -- Title verso -- Foreword -- Contents -- List of Contributors -- Table of Cases -- 1. Introduction -- CONSTITUTIONAL LAW -- EXTERNAL RELATIONS -- 2. Three Challenges for European Constitutionalism in the 21st Century -- THE CHALLENGE OF ORDINARY PEOPLE -- THE CHALLENGE OF EMPIRE -- THE CHALLENGE OF SITES -- CONCLUSION -- 3. Judicial Review as a Contribution to the Development of European Constitutionalism -- I. INTRODUCTION -- II. CARVING OUT ITS OWN CONSTITUTIONAL POSITION: RULES ON STANDING -- III. THE ROLE OF THE COMMUNITY COURTS IN ENHANCING DEMOCRACY AND LEGITIMACY -- IV. CONCLUSION -- 4. Competences of the Union -- EXPECTATIONS AND RESULTS -- CATEGORIES - NOT CATALOGUES - OF COMPETENCE -- SIMPLICITY -- THE SURVIVAL OF IMPLIED POWERS -- SUBSIDIARITY IN THE COMPETENCES CONTEXT -- UNANSWERED QUESTIONS -- 5. The Hierarchy of Norms -- SIMPLIFICATION, DEMOCRATIC LEGITIMACY, AND SEPARATION OF POWERS -- THE CONSTITUTIONAL PROVISIONS -- THE HISERARCHY OF NORMS AND THE INTER-INSTITUTIONAL BALANCE OF POWER WITHIN THE EU -- THE HIERARCHY OF NORMS: SECOND ORDER CONSEQUENCES FOR INTER-INSTITUTIONAL RELATIONSHIPS IN THE EU -- THE HIERARCHY OF NORMS AND THE RELATIONSHIP BETWEEN EU AND MEMBER STATE LAW -- CONCLUSION -- 6. Protecting Fundamental Rights in Europe's New Constitutional Order -- BACKGROUND -- SHOULD THE CHARTER OF FUNDAMENTAL RIGHTS BE INCLUDED IN THE CONSTITUTION OF THE UNION? -- ACCESSION BY THE EU TO THE ECHR -- REFORMING THE EU SYSTEM OF JUDICIAL REMEDIES -- CONCLUSION -- 7. The European Court of Justice and the Draft Constitution: A Supreme Court for the Union? -- THE DRAFT CONSTITUTION AND THE COURT -- ARTICLE 28(1) -- THE UNION JUDICIARY: COMPOSITION AND TENURE -- LOCUS STANDI OF INDIVIDUALS BEFORE THE ECJ -- SANCTIONS AGAINST MEMBER STATES -- CFSP AND FREEDOM, SECURITY AND JUSTICE -- PRELIMINARY REFERENCES.

OTHER PROVISIONS PERTAINING TO THE COURT -- SUBSIDIARITY -- HUMAN RIGHTS VERSUS FUNDAMENTAL FREEDOMS -- CONCLUSION -- 8. The European Commission: Should it be at the Heart of the Future European Union? -- 9. The Role of National Parliaments in the EU's New Constitutional Order -- INTRODUCTION -- DEMOCRACY AND NATIONAL PARLIAMENTS IN THE EU -- SCRUTINY AS SUBSTITUTE SOVEREIGNTY -- GUARANTEEING EXECUTIVE ACCOUNTABILITY: THE IMPORTANCE OF THE SCRUTINY RESERVE -- MONITORING THE APPLICATION OF THE SUBSIDIARITY PRINCIPLE: WHOSE ROLE IS IT ANYWAY? -- NATIONAL PARLIAMENTS IN THE EU'S NEW CONSTITUTION -- CONCLUSION -- 10. For Substantive Constitutionalism in the European Union -- INTRODUCTION -- THE NORMATIVE CLAIMS OF THE MEMBER STATES -- THE INADEQUACY OF THE TREATIES -- IDEALISED NEGOTIATIONS -- IMAGINING OUTCOMES -- CONCLUSION -- 11. Forgetting Law in the European Convention? Europe's 'Hidden' Constitution-Building and its Legitimation -- INTRODUCTION -- LAW AND NON-LAW IN CONSTITUTION-BUILDING PROCESSES -- THE REFERENCE PROCEDURE AND THE MAKING OF THE EUROPEAN CONSTITUTION -- JUDGES, LAWYERS AND THE SOURCE OF THE FORCE OF LAW -- LAWYERS, (SELF)-ILLUSION AND THE MAKING OF THE CONSTITUTION -- THE FORMALIST NARRATIVE OF EUROPEAN CONSTITUTION-BUILDING -- ARGUMENTATION, EVIDENCE, PROBLEM-SOLVING AND STRAINS IN THE FORMALIST NARRATIVE -- SERVANTS TO OR AGENTS OF THE CONSTITUTION-BUILDING PROCESS? -- THICK LAW: FROM ADJUDICATION TO CONSTITUTION-BUILDING? -- 12. The Draft EU Constitution and Private Party Access to Judicial Review of EU Measures -- INTRODUCTION -- ACCESS TO THE COURT OF FIRST INSTANCE UNDER ARTICLE 230(4) -- SUBSISTING DIFFICULTIES AND CONSTITUTIONAL SILENCE -- CONCLUSION -- 13. Legality Review of Member State Discretion Under Directives -- INTRODUCTION -- DISCRETION, DIRECT EFFECT AND LEGALITY REVIEW -- CASE LAW ON MEMBER STATE DISCRETION.

CONCLUSION -- 14. What is the Point of Francovich? -- GENERAL PRINCIPLES GOVERNING THE LIABILITY OF PUBLIC AUTHORITIES UNDER COMMUNITY LAW -- FRANCOVICH AND PARALLEL REMEDIES -- FRANCOVICH AND REMEDY BLINDSPOTS -- PROBLEMS COMPOUNDED! THE COURT'S 'UNIFIED APPROACH' TO FRANCOVICH LIABILITY… -- PROBLEMS RESOLVED? ANOTHER 'UNIFIED APPROACH' TO FRANCOVICH LIABILITY… -- CONCLUSIONS -- 15. Lines in the Sand: Between Common Foreign Policy and Single Foreign Policy -- THE TEST OF SOVEREIGN NATION STATUS -- THE IMPLICATIONS FOR THE STRUCTURE OF THE EUROPEAN UNION -- ASPECTS OF THE INTERGOVERNMENTAL METHOD WHICH ARE PRESERVED -- FEATURES OF THE DRAFT CONSTITUTION INCONSISTENT WITH ULTIMATE INDEPENDENCE -- COMPETENCE -- PRIMACY -- CONSTRAINTS ON INDEPENDENT ACTION -- THE UNION MINISTER FOR FOREIGN AFFAIRS -- CONCLUSION -- 16. Which Policy for Which Europe? The Emerging Security and Defence Policy of the European Union -- INTRODUCTION -- THE POLITICAL BACKGROUND -- LAW AND HIGH POLITICS -- THE PARADOX -- THE EUROPEAN SECURITY AND DEFENCE POLICY -- TWO ILLUSTRATIONS OF THE PARADOX -- MANAGING THE PARADOX: WHICH WAY FORWARD? -- CONCLUSION -- 17. Gripping Global Governance: The External Relations of the EU Between the Treaty of Nice and the Convention on the Future of Europe -- INTRODUCTION -- GLOBAL GOVERNANCE AS A CHALLENGE FOR PUBLIC INTERNATIONAL LAW -- THE EU RESPONSE: EXTERNAL RELATIONS PROVISIONS OF THE TRETY OF NICE AND THE DRAFT CONSTITUTION -- CONCLUSION -- 18. Squaring the Circle for Tomorrow's World: A Comparative Analysis of the EC and WTO Approaches to Balancing Economic and Non-economic Interests in International Trade -- INTRODUCTION -- ENVIRONMENTAL PROTECTION IN THE EUROPEAN COMMUNITY -- THE IMPLICATIONS OF PREUSSENELEKTRA -- BALANCING CONFLICTING OBJECTIVES: LESSONS FROM OTHER FIELDS -- NON-ECONOMIC INTERESTS BEFORE THE WTO.

TRADE-ENVIRONMENT DISPUTES BEFORE THE GATT PANEL -- THE ECJ AND WTO TESTS COMPARED -- THE MERITS OF THE PROPORTIONALITY TEST -- ANALYSIS OF THE TESTS -- COMPARISON OF THE APPLICATION OF THE TESTS -- CONCLUSION: TURNING A CORNER - THE CIRCLE MADE OVAL? -- 19. The Participation of the European Community in the World Trade Organisation: An External Look at European Union Constitution-Building -- INTRODUCTION -- DIVISION OF POWERS BETWEEN THE UNION AND ITS MEMBER STATES IN EXTERNAL TRADE -- PARTICIPATION OF THE EC IN THE WTO -- PROBLEMS WITH MEMBER STATE PARTICIPATION IN THE WTO -- RESOLVING PROCEDURAL PROBLEMS: A CODE OF CONDUCT -- RESOLVING SUBSTANTIVE PROBLEMS: IMPROVING COMPLIANCE -- CONCLUSION -- 20. EU Immigration and Asylum Law: Internal Market Model or Human Rights Model? -- INTRODUCTION -- MUTUAL RECOGNITION AND MINIMUM STANDARDS: THE CURRENT AND FUTURE TREATY FRAMEWORK -- MUTUAL RECOGNITION AND MINIMUM STANDARDS: THE CURRENT COMMUNITY PRACTICE -- ASSESSMENT -- CONCLUSION -- 21. A Missed Opportunity? EU Law and Asylum in the 21st Century -- INTERNATIONAL PROTECTION UNDER REFUGEE AND HUMAN RIGHTS LAW -- STANDARD OF PROOF UNDER THE COMMISSION PROPOSAL AND THE DRAFT COUNCIL DIRECTIVE -- PERSECUTION AND SERIOUS HARM UNDER THE COMMISSION PROPOSAL AND THE DRAFT COUNCIL DIRECTIVE -- CONCLUSION -- 22. Asylum and Immigration in the Context of Enlargement -- RESTRICTING ASYLUM AND ECONOMIC MIGRATION FROM THE NEW MEMBER STATES -- HELPING THEM TO HELP US CONTROLMIGRATION INTO THE ENLARGED EU -- CONCLUSION -- 23. Enlargement: A Successful Instrument of Foreign Policy? -- INTRODUCTION -- THE OBJECTIVES OF EU FOREIGN POLICY THAT MAY BE SERVED BY ENLARGEMENT -- THE MAGNET EFFECT -- THE 'EUROPEAN VOCATION' OF THE POTENTIAL CANDIDATES IN SOUTH-EAST EUROPE -- THE WIDER EUROPE: NEW NEIGHBOURHOOD POLICY -- THE PRE-ACCESSION MODEL WITHOUT ENLARGEMENT.

24. The European Employment Strategy and the Challenges of Enlargement -- INTRODUCTION -- INTRODUCTION: LAW AND POLICY IN AN ENLARGED UNION -- PREPARING FOR THE ACQUIS COMMUNAUTAIRE: LABOUR MARKETS AND EMPLOYMENT POLICIES IN CEECS -- IS THE DYAD EES/OMC THE RIGHT ANSWER FOR CEECS? -- THE RE-DESIGN OF THE EES BY THE EU COMMISSION -- A REVISED EES IN VIEW OF ENLARGEMENT -- CONCLUSION -- 25. The EU Charter of Fundamental Rights: Is it a New Accession Condition for the Candidate Countries Especially in Light of the Post-Nice IGC? -- INTRODUCTION -- SOME PRELIMINARY OBSERVATIONS -- WHAT MESSAGES CAN THE CHARTER BRING FOR/FORWARD TO THE CANDIDATE COUNTRIES (CURRENT AND FUTURE)? -- SOME REFLECTIONS ON THE CONTENT OF THE CHARTER FROM THE POINT OF VIEW OF THE ACCEDING CENTRAL, EASTERN AND SOUTHERN EUROPEAN COUNTRIES -- FUTURE POSSIBLE IMPACTS OF THE CHARTER FOR THE FIRST WAVE OF ENLARGEMENT, WITH SPECIAL REGARD TO THE OUTCOME OF THE CONVENTION AS WELL AS FOR THE SECOND WAVE OF THE EASTWARD ENLARGEMENT PROCESS UNDER-WAY -- CONCLUSIONS -- Index.

This book assesses the state of EU law fifty years after the Communities were established, contributing to the debate on the European Constitution.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.