Federalism in the European Union


Book Description

This edited volume aims to reveal the Janus-faced character of federalism in the European Union. Federalism appears in two main forms in the EU. On the one hand, numerous formerly unitary Member States have embarked on a path towards a (quasi-)federal governance structure. On the other hand, the EU itself is sometimes qualified as a federal system. Significantly, the concept of federalism has a very different, even opposite, connotation in both contexts. When associated with Member State reform, federalism is regarded as a technique for accommodating autonomy claims of sub-state nations. By contrast, when federalism is used as a label for the EU itself, it is conceived as a far-reaching way of integrating the nations of Europe. This dual appearance of federalism in the EU context is central to the structure of the book. The first collection of essays addresses the question whether the EU may be described as a federal system, and whether it can learn from existing federations. In the second set of contributions, the attention shifts to domestic federalisation processes, more particularly to the impact of these processes on EU law and vice versa.




Varieties of European Subsidiarity


Book Description

Subsidiarity as a principle in favour of decentralised decision-making is a cornerstone of the very legal construction of the EU. Yet, the question of how decision-making powers should be distributed between the EU and the member states is not, or only to a minimal extent, answered in Article 5 (3) of the Treaty on European Union (TEU). This collection draws on social science disciplines to go beyond a purely legal analysis to provide clarity over this principle as applied. With the help of theoretical exploration and empirical case studies the contributors identify significant variation in the implementation of the subsidiarity concept. By tracing the precise location of political authority at different levels of European governance they examine the pressures for effective decision-making despite the changing policy preferences of governments.




The Contribution of International and Supranational Courts to the Rule of Law


Book Description

International and supranational courts are increasingly central to the development of a transnational rule of law. Except for insiders, the functioning and impact of these courts remain largely unknown. Addressing this gap, this innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels. With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. The book also includes an in-depth theoretical framework and allows for the identification of fundamental principles and commonalities, as well as differences and contrasts between the different judicial bodies. In addition to students, researchers and scholars in international law, this timely and comprehensive study of international courts and their contributions will be an enlightening resource for legal practitioners and those involved with international justice.




The Theory of Multi-level Governance


Book Description

This book explores the theoretical issues, empirical evidence, and normative debates elicited by the concept of multi-level governance (MLG). The concept is a useful descriptor of decision-making processes that involve the simultaneous mobilization of public authorities at different jurisdictional levels as well as that of non-governmental organizations and social movements. It has become increasingly relevant with the weakening of territorial state power and effectiveness and the increase in international interdependencies which serve to undermine conventional governmental processes. This book moves towards the construction of a theory of multi-level governance by defining the analytical contours of this concept, identifying the processes that can uniquely be denoted by it, and discussing the normative issues that are raised by its diffusion, particularly in the European Union. It is divided into three parts, each meeting a specific challenge - theoretical, empirical, normative. It focuses on three analytical dimensions: multi-level governance as political mobilization (politics), as authoritative decision-making (policy), and as state restructuring (polity). Three policy areas are investigated in vindicating the usefulness of MLG as a theoretical and empirical concept - cohesion, environment, higher education - with particular reference to two member-states: the UK and Germany. Finally, both the input and output legitimacy of multi-level governance decisions and arrangements and its contribution to EU democracy are discussed. As a loosely-coupled policy-making arrangement, MLG is sufficiently structured to secure coordination among public and private actors at different jurisdictional levels, yet sufficiently flexible to avoid "joint decision traps". This balance is obtained at the cost of increasingly blurred boundaries between public and private actors and a change in the established hierarchies between territorial jurisdictions.




Judicial Deference in International Adjudication


Book Description

International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-à-vis the domestic legal order.




Structural Principles in EU External Relations Law


Book Description

The law and practice of EU external relations is governed not only by general objectives (Articles 3(5) and 21 TEU and Article 205 TFEU) and values (Article 2 TEU) but also by a set of principles found in the Treaties and developed by the Court of Justice, which structure the system, functioning and exercise of EU external competences. This book identifies a set of 'structural principles' as a legal norm-category governing EU external relations; it explores the scope, content and function of those principles that may be categorised as structural. With an ambitious scope, and a stellar line-up of experts in the field, the collection offers a truly innovative perspective on the role of law in EU external relations.




Rethinking Subsidiarity


Book Description







Subnational Parliaments in the EU Multi-Level Parliamentary System


Book Description

SUBNATIONAL OR REGIONAL PARLIAMENTS with legislative competences are increasingly active in EU affairs and are recognized as POTENTIAL ACTORS IN THE EU'S MULTI-LEVEL SYSTEM BY EU LAW. However, studies on the territorial effects of European integration and on the Europeanization of parliaments as well as parliamentarism have so far disregarded this group of parliaments. In the existing theoretical concepts of 'multi-level parliamentarism' subnational parliaments do not have a place until now. The book addresses this theoretical and empirical gap. Referring TO STUDIES ON PARLIAMENTARISM, FEDERALISM, AND EUROPEANIZATION the contributions discuss how to include subnational parliaments in the existing research. A total of 74 subnational parliaments from eight member states is affected by the new system, which allows them to participate in the so-called Early Warning Mechanism of subsidiarity control. The situation in six EU member states is analyzed in detail. The country chapters illustrate and analyze how subnational parliaments in the federal member states (Austria, Belgium, Germany) and in the decentralized/devolved ones (Great Britain, Italy, Spain) functionally adapt to the new opportunity structure and discuss the repercussions on legislative-executive relations as well as on interparliamentary relations. With contributions from Gabriele Abels; Katrin Auel and Martin Große Hüttman; Peter Bursens, Frederic Maes and Matthias Vileyn; Peter Bußjäger; Josep-María Castellà Andreu and Mario Kölling; Ben Crum, Annegret Eppler; John Erik Fossum; Anna-Lena Högenauer; Sabine Kropp; Robert Ladrech; Erik Miklin; Matteo Nicolini; Werner J. Patzelt; Tapio Raunio; Werner Reutter; Gerhard Stahl and Bert Kuby; Gracia Vara Arribas.




EU: Beyond the Crisis


Book Description

Though crises arise organically in all political systems, this volume treats the current challenges facing the EU as a unique situation. It takes stock of its losses, gains, and opportunities and what constitutes a viable solution to the EU’s current predicament. By envisioning the EU as an evolving rather than static body, this collection zeroes in on the conceptual weaknesses that destabilized the EU and the factors that will help the organization rethink its place and purpose. This book clarifies aspects of EU parliamentarism within the context of the unfolding crisis and addresses political cohesion and institutional integration. It ultimately stresses the role of perception and image on the future of the EU’s social and political integration.