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The Euro Crisis and Constitutional Pluralism

The Euro Crisis and Constitutional Pluralism
Author: Tomi Tuominen
Publisher: Edward Elgar Publishing
Total Pages: 272
Release: 2021-06-25
Genre: Law
ISBN: 1800371594

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This insightful book assesses the theory of constitutional pluralism in light of the events of the Eurozone crisis of the past decade. Based on an analysis of how national courts reviewed the crisis response mechanisms and participated in the European-level political process, Tomi Tuominen argues that constitutional pluralism is not a valid normative theory of European constitutionalism.


The Foundations of the EU as a Polity

The Foundations of the EU as a Polity
Author: Massimo Fichera
Publisher: Edward Elgar Publishing
Total Pages: 269
Release: 2018-08-31
Genre: Law
ISBN: 1785363905

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In this insightful book, Massimo Fichera provides an original account of European integration as a process. He argues that European constitutionalism has been informed from its earliest stages by a meta-rationale, which is expressed by security and fundamental rights as discourses of power. Employing this descriptive and normative conceptual framework to analyse the development of the EU as a polity, chapters cover significant recent events such as the Eurozone crisis, the refugee crisis, the rule of law crisis, Brexit and the constitutional identity crisis.


Research Handbook on Legal Pluralism and EU Law

Research Handbook on Legal Pluralism and EU Law
Author: Gareth Davies
Publisher: Edward Elgar Publishing
Total Pages: 437
Release:
Genre: Electronic books
ISBN: 1786433095

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The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.


The Euro Area Crisis in Constitutional Perspective

The Euro Area Crisis in Constitutional Perspective
Author: Alicia Hinarejos Parga
Publisher: Oxford University Press, USA
Total Pages: 241
Release: 2015
Genre: Business & Economics
ISBN: 0198714955

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A critical analysis of the evolution of Economic and Monetary Union, this book examines the changes brought about by the financial crisis. Tackling the uncertain future of economic and fiscal integration, it focuses on the constitutional obstacles to integration and provides a compelling account of key dilemmas facing the European Union today.


Constitutional Pluralism in the European Union and Beyond

Constitutional Pluralism in the European Union and Beyond
Author: Matej Avbelj
Publisher: Bloomsbury Publishing
Total Pages: 452
Release: 2012-02-29
Genre: Law
ISBN: 1847318916

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Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders - most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the 'traditional' European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states. The book collects contributions taking opposing perspectives on constitutional pluralism - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it. While some authors can be called 'the founding fathers of constitutional pluralism', others are young academics who have recently entered the field. Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching our existing understanding of the concept in current scholarship.


Constitutional Pluralism in the EU

Constitutional Pluralism in the EU
Author: Klemen Jaklic
Publisher: Oxford University Press, USA
Total Pages: 374
Release: 2014
Genre: Law
ISBN: 0198703228

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This book offers the first overarching examination of constitutional pluralism. Comprehensively mapping out the leading contributions to date and solving the complicated labyrinth they currently form, Klemen Jaklic offers a complete assessment against existing and new criticisms while elaborating his own original vision.


The EU and Constitutional Time

The EU and Constitutional Time
Author: Massimo Fichera
Publisher: Edward Elgar Publishing
Total Pages: 181
Release: 2023-07-01
Genre: Law
ISBN: 1789909007

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This insightful book examines the inherent fragility of modern liberal constitutionalism and shows how it is in the nature of every constitutional community, including the European Union, to try to protract its own duration as much as possible. The book considers the strengths, weaknesses, tensions and contradictions of European constitutionalism using the lens of constitutional time.


The Pluralist Character of the European Economic Constitution

The Pluralist Character of the European Economic Constitution
Author: Clemens Kaupa
Publisher: Bloomsbury Publishing
Total Pages: 400
Release: 2016-08-25
Genre: Law
ISBN: 1509901094

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This monograph intervenes in the long-standing and controversial debate on the socio-economic orientation of the European Union. Arguing that the European economic constitution is pluralist in the sense that it does not favour any specific socio-economic paradigm, it shows that European law allows the pursuit of very different regulatory projects by the European and the national legislators. This pluralist character of the European economic constitution stands in an uncomfortable relationship with the policies currently pursued by the European Union, which are often neoliberal in their orientation. The book takes an interdisciplinary approach: it analyses the Treaty on the Functioning of the European Union as interpreted and developed in the case law of the Court of Justice, its history, and its regulatory purpose in the light of conflicting socio-economic paradigms. By challenging the orthodoxy, the book makes a bold proposition that will likely resonate in both European economic law scholarship and European law in general. With the ongoing economic crisis triggering a significant interest in economic questions among legal scholars it is particularly timely and topical.


The European Union under Transnational Law

The European Union under Transnational Law
Author: Matej Avbelj
Publisher: Bloomsbury Publishing
Total Pages: 187
Release: 2018-01-11
Genre: Law
ISBN: 1509911510

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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.