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A Constitutional Order of States?: Essays in EU Law in Honour of Alan Dashwood

Editat de Anthony Arnull, Catherine Barnard, Professor Michael Dougan, Professor Eleanor Spaventa
en Limba Engleză Hardback – 2 mar 2011
This collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration into, the national legal systems. On the other hand, it remains an organisation of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners, officials and academics. They consider the foundations, strengths, implications and shortcomings of this conceptual framework in various fields of EU law and policy. The collection is an essential purchase for anyone interested in the constitutional framework of the contemporary European Union.
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Specificații

ISBN-13: 9781849460460
ISBN-10: 1849460469
Pagini: 688
Dimensiuni: 156 x 234 x 50 mm
Greutate: 1.2 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Notă biografică

Anthony Arnull is Barber Professor of Jurisprudence at the University of Birmingham.Catherine Barnard is a Fellow of Trinity College and Professor in law, University of Cambridge.Michael Dougan is Dean of the Liverpool Law School and Professor of European Law at the University of Liverpool.Eleanor Spaventa is a Professor of Law at Durham University.

Cuprins

PART I: CONSTITUTIONAL FABRIC1 Is the European Union an Organisation of Limited Powers? Derrick Wyatt2 The Status and Rights of Sub-state Entities in the Constitutional Order of the European Union David Edward and Joxerramon Bengoetxea3 Ireland and the Lisbon Treaty: All's Well That Ends Well? Anthony Arnull4 Where Will the Lisbon Treaty Lead Us? Jean-Claude Piris5 Does Europe Need a Constitution? Achievements and Challenges After Lisbon Ingolf Pernice6 Over the Rainbow: Languages and Law in the European Union Margot HorspoolPART II: JUDICIAL FABRIC7 The Court of Justice as a Constitutional Adjudicator Eleanor Sharpston and Geert De Baere8 The Relationship between the European Court of Justice and the European Court of Human Rights Christiaan Timmermans9 Reforming Some Aspects of the Role of Advocates General Rosa Greaves10 The Role of General Principles of EU Law Koen Lenaerts and José A Gutiérrez-Fons11 The Horizontal Application of Fundamental Rights as General Principles of Union Law Eleanor Spaventa12 In Defence of Mangold? Michael Dougan13 Edging Towards Closer Scrutiny? The Court of Justice and Its Review of the Compatibility of General Measures With the Protection of Economic Rights and Freedoms Albertina Albors-Llorens14 Union Law and Final Decisions of National Courts in the Recent Case Law of the Court of Justice Antonio Tizzano and Bruno GencarelliPART III: EUROPEAN SUBSTANTIVE LAW15 The Struggle for EU Citizenship: Why Solidarity Matters Malcolm Ross16 Social Solidarity and Social Security Robin CA White17 Social Policy and the Shifting Sands of the Constitutional Order: The Case of Posted Workers Catherine Barnard18 EU Criminal Law-the Present and the Future? John R Spencer19 Free Movement of Goods and Pre-emption of State Power Laurence W Gormley20 The Past, Present and Future of Competition Law in the European Union Piet Jan Slot21 The Future Shape of EU Energy Law and Policy Angus Johnston22 The Role of National Judges in Implementing Uniform Rules of Jurisdiction and Choice of Law in the European Union Richard PlenderPART IV: EUROPE IN THE WIDER WORLD23 Member States as Trustees of the Union Interest: Participating in International Agreements on Behalf of the European Union Marise Cremona24 The 'Succession Doctrine' and the European Union Robert Schütze25 Enlarging the Constitutional Order of States Christophe Hillion26 Very Small States and the European Union: the Case of Liechtenstein Marc Maresceau27 The Internal Legal Effects of the EU's International Agreements and the Protection of Individual Rights Francis G Jacobs28 The Obligation of Member States to Foresee, in the Conclusion and Application of their International Agreements, Eventual Future Measures of the European Union Joni Heliskoski29 Third Time Lucky: the Pre-history of the Common Security and Defence Policy David Scannell30 The Nexus Between the European Union's Common Security and Defence Policy and Development Panos Koutrakos31 The Role of the European Commission in Tackling Terrorism: the Example of Passenger Name Records Jonathan Faull

Recenzii

Because this edited collection has been written in Dashwood's honour a vast array of preeminent authorities within the various fields of EU law have made contributions to the book, which thus represents a literary feast for researchers in EU law.In short, this book attempts to achieve the seemingly insurmountable task of worthy subject-specific analysis all tied into the grander theme of the constitutional architecture of the Union, and it does so admirably...the book constitutes an outstanding contribution to the field of European Union law.
...an invaluable source of material and argument for a high level EU law debate! Best wishes dem Ge(l)ehrten-respect to editors and authors!

Descriere

Contributors consider the foundations, strengths, implications and shortcomings of Dashwood's analysis of the European Union in various fields.