Bücher der Reihe Cambridge Studies in European Law and Policy

This study examines the many reforms passed by the EU in the field of economic and fiscal policy over the past decade of crises. Using the rule of law as a normative benchmark, it carries out the first ever assessment of the constitutional foundations of the Union's economic governance system.

This book provides an authoritative source for which models of fiscal federalism are compatible with the constitutional boundaries of the European legal order. It offers an encompassing guide to the leading constitutional case law in all EU Member States.

This book will help students and academics to learn more about how the European Court of Human Rights operates in practice. It explains the functionality of the Court and shows the limits of the Court's impact on European Public Order.

An insider's view of how the European Commission, Council and Parliament work from a legal perspective. Paivi Leino-Sandberg shares her insights from ten years as a government legal adviser working with the EU institutions and draws on interviews with over sixty legal advisers and policymakers.

This book analyses European privacy rights, focusing especially on the GDPR, and dives into exactly what kind of legal personhood is presupposed in privacy regulation. Through close readings of case law, the author shows that the law understands personhood in highly individualised ways.

This book argues that the tragedy that has unfolded not only in terms of Brexit ,but also the populism more widely that underpins it, could have been predicted had more care been taken in examining the fissures that ran deep within the case law on EU citizenship from its infancy.

Explores the rise of people, parliament and courts in EU treaty making since 1950. Relevant to students and scholars in fields such as EU law and politics, comparative constitutionalism, international law and relations. Its reform ideas are highly relevant for European policy-makers and Europe watchers worldwide.

Examines the European Court as an institutional actor and how it exercises additional, quasi-legislative functions beyond its original mandate. Essential reading for EU scholars in the fields of law and political science with interests in the study of the Court of Justice and its institutional role in European integration.

The first book-length study of human rights in the Council of Europe and the European Union, this volume makes a vital contribution to the post-Brexit debate in the UK by providing concise, authoritative summaries of the case law of the European Court of Human Rights (ECHR) and the fundamental rights case law of the European Court of Justice.

Dariusz Adamski puts a new perspective on the main economic policies of the European Union. He demonstrates how these policies have made the European project crisis-prone and explains how to remedy this within the Treaty framework. This original book makes a major contribution to the literature in the field.

Core Socio-Economic Rights and the European Court of Human Rights focuses on socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR) and, through review and exploration of core socio-economic protection and rights, offers suggestions for improving the ECtHR's reasoning in socio-economic cases.

The EU's Eastern enlargements have had a profound impact on the regulation of labour law in Europe. This book explores how trade unions in five member states have responded, and could respond, to the effects of the enlargements, and in particular to the increased migration of workers across borders.

The activities of the Frontex Border Agency navigate the political anxiety in the EU over immigration and border control, and the human rights of those seeking access, in particular protection from refoulement. This book explores the legal responsibility of the EU in relation to Frontex's activities.

Ania Zbyszewska's feminist, socio-legal study of the European working time regime examines its historical development and influence in the Polish working time reform, focusing on the gendered dynamics and the relationship between the EU and national politics and law. This study will be of interest to legal and feminist scholars, and policy makers.

This book questions the entanglement between law and EU polity-building, bringing new historical material and new sociological insights into the role lawyers have played in shaping Europe.

A concise and comprehensive analysis of the Eurozone crisis from a multidimensional constitutional and economic perspective. It discusses the most important constitutional questions about the economic crisis and the proposed solutions raised, both at the level of individual Treaty provisions and constitutional principles.

The book explains why it is warranted to speak of the European constitution even after the debacle of the EU Constitutional Treaty. It explains how European constitutionalism seeks to achieve its legitimating task through its interaction with national constitutionalism.

Hugh Collins examines whether the harmonisation of private law in the European Union would be a desirable development, arguing that a gradual movement towards common principles would establish fundamental social and economic rights and facilitate a more effective and acceptable European governance.

This is an account of the development of European labour and social security law as it interrelates with the evolution of market integration in the European Union. Giubboni presents, from a labour law perspective, a case study of the changes the European Community/European Union has undergone from its origins to the present day.

This book critically appraises the European Convention on Human Rights at a time of considerable change. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War. The implications of this are fully explored and a coherent set of policy proposals offered.

In this book, Harrison and Woods provide a detailed analysis of European broadcasting law, set against an overview of policy in this area. The extent to which viewers' interests are protected is examined, and the authors also consider how the proposed changes to the regulatory framework will address the concerns identified.

In spite of a continued increase in the substantive scope and reach of EU fundamental rights, little attention has been paid to their practical enforcement. In this book, Mark Dawson looks at the mechanisms through which EU fundamental rights are protected and enforced, closely examining the interrelation between the EU's pertinent legal and political bodies. He argues that in order to understand EU fundamental rights we must also understand the institutional, political and normative constraints that shape the EU's policies. The book examines the performance of different EU institutions in relation to rights and studies two important policy fields - social rights and rule of law protection - in depth.

When is the EU responsible under international law? Is the EU a 'special case' international organisation? The UN General Assembly's adoption of the ILC articles on the International Responsibility of International Organizations was only the catalyst for debate on this topic. In this book, the author examines the legal personality of the EU, how - if at all - its responsibility under international agreements is shared between Member States, and how the international responsibility of the EU relates to its internal responsibilities under EU law. By exploring how in practice such legal regimes as the ILC, UNCLOS, and the WTO have held the EU responsible, this book provides an innovative analysis of a fundamental aspect of the relationship between the EU and international law.

The European Union's Emissions Trading System (EU ETS) is the world's largest carbon trading market. This book offers a new perspective on the EU ETS as a multi-level governance regime, in which the regulatory process is composed of three distinct 'competences' - norm setting, implementation, and enforcement. Are these competences best combined in a single regulator at one level of government or would they be better allocated among a variety of regulators at different levels of government? The combined legal, economic, and political analysis in this book reveals that the actual allocation of competences within the EU ETS diverges from a hypothetical ideal allocation in important ways, and provides a political economy explanation for the existing allocation of norm setting, implementation and enforcement competences among various levels of European government.

The European Union has become the respondent of several international trade disputes. This book examines the right to compensation for damage resulting from retaliatory measures imposed under the system of the World Trade Organization in disputes triggered by the EU. Anne Thies evaluates the implications of the EU's membership in the WTO for its domestic system of rights and judicial protection. Emphasising the necessity of maintaining EU standards of protection independently of the external dimension of EU action, the book offers suggestions on how the current gap of protection could be filled while upholding the scope for manoeuvre of the EU institutions on the international plane. In addition, it places the issue in its broader context of the relationship between international law and EU law on the one hand, and the discretion of the EU as a global actor and standards of individual rights protection under EU law on the other.

The development of non-binding new governance methods has challenged the traditional ideals of EU law by suggesting that soft norms and executive networks may provide a viable alternative. Rather than see law and new governance as oppositional projects, Mark Dawson argues that new governance can be seen as an example of legal 'transformation', in which soft norms and hard law institutions begin to cohabit and interact. He charts this transformation by analysing the Open Method of Coordination (OMC) for Social Inclusion and Protection. While this process illustrates some of the concrete advantages for EU social policy which new governance has brought, it also illustrates their extensive legitimacy challenges. Methods like the OMC have both excluded traditional institutions, such as Courts and Parliaments, and altered the boundaries of domestic constitutional frameworks. The book concludes with some practical suggestions for how a political 'constitutionalisation' of new governance could look.

The European Court of Justice is widely acknowledged to have played a fundamental role in developing the constitutional law of the EU, having been the first to establish such key doctrines as direct effect, supremacy and parallelism in external relations. Traditionally, EU scholarship has praised the role of the ECJ, with more critical perspectives being given little voice in mainstream EU studies. From the standpoint of legal reasoning, Gerard Conway offers the first sustained critical assessment of how the ECJ engages in its function and offers a new argument as to how it should engage in legal reasoning. He also explains how different approaches to legal reasoning can fundamentally change the outcome of case law and how the constitutional values of the EU justify a different approach to the dominant method of the ECJ.

There are two basic policy tools for promoting renewable electricity: price regulation (feed-in tariffs) and quantity regulation (green certificates). In economic theory, they are equally efficient. Contrary to conventional thinking, the author demonstrates that under real-world conditions, price regulation is more efficient. EU law obliges Member States to put support schemes in place, but leaves their design to national authorities. They need, however, to comply with EU state aid and internal market rules, and their financing may not result in import duties and discriminatory taxation. This book provides a detailed analysis of the decisions practice adopted by the Commission and the case law of the Union Courts. As support schemes mature, has time not come for putting an end to regulatory competition? With huge efficiency gains to be expected, the author expertly examines the political obstacles and sets out three different pathways to achieve EU-wide harmonization.

Given the controversies and difficulties which preceded the coming into force of the Lisbon Treaty, it is easy to forget that the Treaty is a complex legal document in need of detailed analysis for its impact to be fully understood. Jean-Claude Piris, the Director General of the Legal Service of the Council of the European Union, provides such an analysis, looking at the historical and political contexts of the Treaty, its impact on the democratic framework of the EU and its provisions in relation to substantive law. Impartial legal analysis of the EU's functions, its powers and the treaties which govern it make this the seminal text on the most significant recent development in EU law.

Can the EU become a 'just' institution? Andrew Williams considers this highly charged political and moral question by examining the role of five salient values said to be influential in the governance and law of the Union: peace, the rule of law, respect for human rights, democracy, and liberty. He assesses each of these as elements of an apparent 'institutional ethos' and philosophy of EU law and finds that justice as a governing ideal has failed to be taken seriously in the EU. To remedy this condition, he proposes a new set of principles upon which justice might be brought more to the fore in the Union's governance. By focusing on the realisation of human rights as a core institutional value, Williams argues that the EU can better define its moral limits so as to evolve as a more just project.