Subjects:

EU Law

Contents:

FOREWORD BY THE RT HON CHRISTOPHER PATTEN, MEMBER, EUROPEAN COMMISSION

LIST OF CONTRIBUTORS

LIST OF ABBREVIATIONS

1. Introduction

PART I: INSTITUTIONS AND DECISION-MAKING

2. Issues of Decision-making in the European Union after Nice

3. Decision-making under the Second Pillar

4. Decision-Making in the Area of Freedom, Security, and Justice

5. Accountability and Legitimacy: What is the Contribution of Transparency?

6. Enhanced Cooperation or Flexibility in the Post-Nice Era

7. Legitimacy, Accountability, and Delegation in the European Union

8. The Judicial Architecture of the European Union after Nice

9. On the Legitimacy and Democratic Accountability of the European Central Bank: Legal Arrangements and Practical Experiences

PART II: CONSTITUTIONALISM AND THE FUTURE OF EUROPE

10. The case for a Constitution for the Union

11. Drafting a Constitution for Europe: a Case of Too Many ""Borders""?

12. The Delimitation of Powers Between the EU and its Member States

13. The EU and Democracy - Lawful and Legitimate Intervention in the Domestic Affairs of States?

14. The Rule of Law in the European Union

PART III: FUNDAMENTAL RIGHTS AND SOCIAL RIGHTS

15. Protecting Fundamental Rights in Europe: a Legal Analysis

16. The EU Charter of Fundamental Rights

17. The Principle of Non-Discrimination in the Post-Nice Era

18. Protecting Fundamental Rights and Social Rights: An Economic Analysis

PART IV: NEW GOVERNANCE AND THE EUROPEAN UNION

19. Social Policy in the Post-Nice Era

20. EMU and Enlargement: Twin Threats to European Regional Cohesion?

21. EMU and the Lisbon Goals in an Enlarged European Union

22. The Governance White Paper, the Commission, and the Search for Legitimacy

PART V: ENLARGEMENT AND THE MOVEMENT OF PEOPLE

23. The Enlargement of the European Union: A Legal Analysis

24. Legitimacy and Accountability in the EU Enlargement: Political Perspectives from the Candidate States

25. Free Movement of Persons in the European Union: The Legal Framework

26. Managing the EU's New External Border

27. Immigration after Nice: From 'Zero Immigration' to Market Necessity

CONCLUDING REMARKS

28. National States, European Union, and Changing Dynamics in the Quest for Legitimacy

SELECT BIBLIOGRAPHY

INDEX

The European Union's growing accountability deficit threatens to undermine its legitimacy. This was acknowledged by the Member States in Nice in February 2001. Recognising the need to improve 'the democratic legitimacy and transparency of the Union and its institutions', they agreed to launch a debate on the Union's future. At Laeken in December 2001, the Member States decided that the debate should be carried forward in a Convention comprising the main parties involved. The debate;will start to crystallise in 2004, when negotiations on a new set of Treaty changes will begin.;The outcome of those negotiations will profoundly affect the constitutional and political health of the Union as it confronts enlargement to the east and south and the challenges of the 21st century. However, the Union's accountability and legitimacy deficit is so deep-seated that it is unlikely to be eradicated completely by the changes agreed. The issue will therefore remain high on the political agenda for the foreseeable future. The contributors to this interdisciplinary collection of;essays consider various aspects of accountability and legitimacy in the European Union. How open should the Union's decision-making be? What is the right balance between accountability and efficiency? Does the Union now need a formal constitution? How can respect for democracy, fundamental rights and the;rule of law in the Union best be ensured? These are just some of the questions explored in this book. It will be of interest to anyone concerned with the future of Europe, from students and academics to policy-makers, and journalists