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The Choice of Legal Basis for Acts of the European Union
This book provides the first comprehensive discussion of conflicts between legal bases in EU law. It fills an important gap in the existing literature on the choice of legal basis in EU law by analysing the structure of legal bases and the resulting legal basis litigation in the European Union, thus identifying areas of conflict produced by overlapping competences, divergent inter-institutional interests, and inconsistencies in the courts’ judgements. While certain cases have been discussed extensively in academic literature (e.g. Tobacco Advertising, ECOWAS), there has been little analysis of the general underlying criteria and principles governing the choice of legal basis on the part of European institutions. Such an analysis has, however, become necessary in order to better understand and possibly predict judicial outcomes, and to identify flaws in the current legislative framework.
The Governance of Criminal Justice in the European Union
This timely book provides an astute assessment of the institutional and constitutional boundaries, interactions and tensions between the different levels of governance in EU criminal justice. Probing the conceptual and theoretical underpinnings of the EU’s approach to transnational crime, it proposes improved mechanisms for public participation in the governance of EU criminal law, designed to ensure better transparency, accountability and democratic controls.
The European Union and Global Emergencies
This collection of essays analyses the European Union's involvement in global emergencies from a law and policy perspective. Bringing together leading academics and officials from the European Union institutions, the book offers an expert account of the theoretical and practical issues the EU faces when dealing with global emergencies. The subjects covered are highly topical and include the financial and debt crises, regional security and the fight against terrorism, public health and food scares, human trafficking and energy security.
Research Handbook on EU Environmental Law
This comprehensive Research Handbook discusses how the EU has used its regulatory power to steer towards environmentally friendly behaviour, delving into the deep concerns related to the compliance with and enforcement of EU environmental law. It also highlights the important role of civil society’s use of environmental procedural rights, and characterizes how the CJEU case law has contributed to the effective implementation of EU environmental legislation.
European External Action Service
In European External Action Service, Mauro Gatti provides a legal analysis of the EU’s ‘foreign ministry’. The European External Action Service (EEAS) was created to coordinate the supranational and intergovernmental areas of EU external relations, but it is unclear whether and how it may attain this objective. Through an analysis of law and practice, Gatti demonstrates that the EEAS is capable of effectively promoting coherence in EU external relations. Although working independently from EU institutions and Member States, the EEAS can coordinate their activities at an administrative level. The EEAS is thus ideally placed to bring together EU external action instruments, including diplomatic efforts, development cooperation, and security policies.
Turning Points
Turning Points: Challenges for Western Democracies in the 21st Century centers around the strikingly under-researched concept of turning points and its application in political science, including various theories, fields, and sub-disciplines. The chapters provide theoretical discussion and conceptual clarity by distinguishing a set of turning points at different analytical levels. Based on a wide range of case studies, the authors illustrate where, when and how different types of turning points occur (or not) against the backdrop of current challenges in and for Western democracies. The conceptual and empirical variety of the volume allows scholars and practitioners in policymaking to develop and apply their own frameworks when dealing with turning point dynamics.
Radical Constitutional Pluralism in Europe
This book explains the challenge of constitutional pluralism and its importance, showing its theoretical and practical relevance, and giving a sense of why the existing scholarship on the matter is unsatisfactory. The work explores how legal practitioners and theorists have faced the challenge of a society living under two constitutions at the same time. This comes as the European Union, which legally and politically integrates Europe and seems to challenge the view that no State can simultaneously abide by both the venerable national constitutions and the ever-developing EU constitutional law, is increasingly torn between calls for closer integration to face collective challenges and mounti...
The Rights of the Child
How can human rights for children born outside their national jurisdiction with parents deemed as terrorists be safeguarded? In what ways do children risk being discriminated in their welfare rights in Sweden when treated as invisible part of a family? How can we do research on children’s rights in not just ethically sensitive ways but also with respect for children as rights subjects? And what could be a theory on social justice for children? These are questions discussed in studies from different disciplines concerning children’s international human rights, with a special focus on the realization of the CRC in Sweden.
Balancing Unity and Diversity in EU Legislation
Presenting cutting-edge insights into the current state of EU legislation, this book addresses the profound changes that the EU’s legislature has undergone in recent years and how these shape the development of EU law. At the heart of this inquiry is how the strive for uniform EU legislation is balanced with the necessity to leave a certain degree of autonomy to Member States.
EU External Relations Post-Lisbon
Despite the Lisbon Treaty reforming the EU Treaty provisions on external relations, it was argued at the time of the Treaty’s entry into force that ‘mixity was here to stay’. While this has indeed proven to be the case, the Court of Justice’s jurisprudence has nonetheless redrawn the contours within which mixity can thrive and for the first time has confirmed the existence of ‘facultative mixity’. In light of these significant post-Lisbon developments the volume aims to clarify the law and policy of facultative mixed agreements in the EU’s treaty practice and this not only from the perspective of EU (constitutional) law itself but also from the perspective of the EU Member States’ legal systems, that of the EU’s third country treaty partners and that of public international law itself.
