Bücher der Reihe Cambridge Studies in European Law and Policy

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.

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.

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 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.

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.

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 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.

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.

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.

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.

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.

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 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.

Urfan Khaliq analyses the theory and practice of the European Union's 'ethical foreign policy', arguing that current practices dilute the impact and efficacy of Union policies but that an effort which is at times effective is being made to protect certain values in the Union's international relations. Beginning with an investigation of the international rules authorising or obliging the Union/Community or the Member States to promote certain values in third countries or take action to protect them, Khaliq goes on to examine the limits under international law which constrain such policies. The issues are then assessed from a Union/Community law perspective, and the importance attached to ethical values and their relationship with other priorities and objectives is analysed in the context of relations with Myanmar, Nigeria, Pakistan, Israel and the Palestinian Authority. The European Community's humanitarian aid policy is also discussed.

Why have referendums on European integration proliferated since the 1970s? How are referendums accommodated within member states' constitutional orders and with what impact on the European integration process? What is the likely institutional impact of referendums on the future of the European integration process? Drawing on an interdisciplinary approach, these are just some of the fundamental questions addressed in this book. The central thesis is that the EU is faced with a 'direct democratic dilemma', which is compounded by the EU's rigid constitutional structure and a growing politicisation of the referendum device on matters related to European integration. Referendums and the European Union discusses how this dilemma has emerged to impact on the course of integration and how it can be addressed.

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.

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.

This book focuses on European anti-corruption law and the politics of post-communist transformation, analysing the EU policy against corruption and the 2004 accession process and providing practical insights and policy recommendations.

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.

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.

An examination of the legal framework of the EU internal market as established in the case law of the European Court of Justice, discussing in particular EC competition law, the free movement of goods, services, persons and capital and the evolution of the interpretation of the provisions. The 'State' has been retreating from direct intervention in economic life as more goods and services, the provision of which was once thought to be a 'public' responsibility, are delivered through market mechanisms. Given the need for consistent application of EC law in the internal market, a common core conception of public authority, shielded from the discipline of EC competition law, is needed. The resulting realignment of public and private functions and responsibilities is not a linear and coherent process, especially in light of the changing nature of the European legal integration project and the progressive incorporation of non-economic values in the Treaties.

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 book discusses the practical implementation of a core element of European Union environmental legislation, the Directive on Integrated Pollution Prevention and Control. It discusses in depth how the key legal obligation on the Directive, to employ, is actually implemented at European Union level and in the UK and Germany.

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.

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.

There is much confusion over the 'Constitution', and this book provides an in-depth legal analysis of the institutional aspects of the Constitutional Treaty which, if ratified by the 25 EU Member States, would govern the European Union. Piris argues that, despite its ratification being rejected by the French and the Netherlands referenda in 2005, the Treaty should not be discarded, as it will inevitably be the point of departure for the future of European integration. He places this analysis in an historical and political context and explains the origin, meanings and legal and political effects of all proposed changes to the present treaties.