Cantitate/Preț
Produs

EU Values Before the Court of Justice: Foundations, Potential, Risks: Oxford Studies in European Law

Autor Luke Dimitrios Spieker
en Limba Engleză Hardback – 20 iul 2023
The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos Juízes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicial mobilisation of Article 2 TEU. It starts by developing the foundations of this emerging jurisprudence in empirical, doctrinal, and theoretical terms. In this book, Spieker seeks to advance a new understanding of Article 2. He argues that the provision should be understood as having a dual character that resonates between two dimensions, namely an EU dimension limited to the EU legal order and a 'Verbund' dimension that extends to the common whole of the Union and its Member States. Article 2 plays different roles in these two spheres - as thick constitutional core of the EU legal order and as thin constitutional frame for the 'Verbund'. This dual character should guide the provision's future judicial development. The book sets out to explore the multifaceted potential of Article 2 TEU in each of these two dimensions. As such, it goes far beyond the current focus on illiberal developments in Member States and strives to broaden our horizon for the judicial mobilisation of EU values. The book closes by assessing the risks of placing an activated Article 2 into the hands of Luxembourg judges and proposes ways to recalibrate the jurisprudence.
Citește tot Restrânge

Din seria Oxford Studies in European Law

Preț: 66015 lei

Preț vechi: 94527 lei
-30% Nou

Puncte Express: 990

Preț estimativ în valută:
12638 12997$ 10484£

Carte disponibilă

Livrare economică 18-24 ianuarie

Preluare comenzi: 021 569.72.76

Specificații

ISBN-13: 9780198876717
ISBN-10: 0198876718
Pagini: 384
Ilustrații: 12 figures
Dimensiuni: 164 x 240 x 25 mm
Greutate: 0.7 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Seria Oxford Studies in European Law

Locul publicării:Oxford, United Kingdom

Recenzii

Spieker's work is a comprehensive, well-thought out, and highly innovative legal analysis of the EU values provided in Article 2 TEU.
The book offers a profound analysis of and precise methodology for the CJEU's application of Article 2 TEU. One of its most remarkable innovations is the concept of "mutual amplification", which captures the Court's approach in a succint and original way.
An impressive piece of scholarship, which is both scientifically sound, compellingly argued, and elegantly written. The book is an invaluable source of inspiration for future discussions on (and application of) Article 2 TEU.
What is the constitutional 'value' of Article 2 TEU protecting the foundational 'values' of the Union? This new monograph offers a brilliant and comprehensive analysis of this complex issue. It not only examines the jurisprudence of the Court with great technical skill, but also explores the broader constitutional questions that a 'tyranny of values' might pose for the federal balance and the separation of powers in the European Union.
This is a brilliant monograph analysing the functions of Article 2 TEU and exploring its potential. The book makes a significant contribution to current debates on the role of values in (EU) law and the nature of the EU legal order. A must read for European and constitutional lawyers and a very enjoyable one indeed!
The book offers a well-reasoned account of the function that Article 2 TEU plays in the EU's legal order and discusses its implications in considerable depth ... In summary, Spieker's work is a well-rounded contribution with a few sharp edges that is bound to spark debate and push the discourse on the founding values forward.
The best theoretical and well-designed book that I have read for the last two-three years.... This is a highly original study on groundbreaking developments in EU law - looking at how EU values play out in front of the Court and are in response shaped by the Court. It builds on commitment to transnational legal scholarship, conducting doctrinal analysis in a way that is both cognisant of development in a great variety of national contexts and approachable by non-experts. ... It is an excellent book, both highly topical, very well argued and clearly written, which should appeal to both legal scholars and the wider community interested in (un)democratic developments in the EU.

Notă biografică

Luke Dimitrios Spieker is a senior research fellow at the Max Planck Institute for Comparative Public Law and International Law, where he researches on transversal issues of EU and German constitutional law. His work has been published in leading peer-reviewed journals and has won numerous awards, such as the Common Market Law Review Prize for Young Academics. He holds degrees from Goethe University Frankfurt (PhD), Humboldt University Berlin (Erstes Staatsexamen), Université Panthéon Assas (Maîtrise en droit), and King's College London (LL.M.).