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Vol 24 No 2 Feb/March 2019

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EU Constitutional Law: An Introduction 3rd ed

ISBN13: 9781509909148
Previous Edition ISBN: 9781849463201
Published: May 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £25.99

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The third revised edition of this acclaimed book brings the story of the EU's constitutional journey up to date. The EU's constitution, composed of a myriad of legal texts, case law and practice, is a moving target subject to continuous change, and the past two years have seen no slacking in the pace of that change. With a wider geographical ambit than ever, the EU faces unprecedented political, economic and cultural challenges, all of which impact upon the evolution of its constitution. Moreover, the crisis in the Eurozone has given rise to the need for a whole new chapter focussing on the institutional reforms embarked upon in the quest to restore financial order. Fully updated to include the ramifications of the UK Brexit.

The book succeeds, where others have struggled, in making sense of the EU's complex constitutional order, focussing on its essential features but taking into account the profound changes that have taken place over the past 20 years. The EU has become much more than an internal economic market and has recently become active in areas such as immigration and third-country nationals, security and defence policy, and penal law and procedure, while the crisis in the Eurozone has triggered an increasing focus on economic and fiscal policy. Eschewing too much detail the authors underline the essential values, principles and objectives of the integration regime as well as its basic normative structure and hierarchy. In this context, the decentralised nature of the EU is highlighted as an integral part of its constitutional make-up. Recurring themes include European citizenship, fundamental rights and the rule of law.

The book also confronts head-on the problems and challenges facing the Union and the gap which is often perceived between lofty ideals and harsh realities. The book will be useful to students of EU law and European integration but will also appeal to a broader audience of researchers and practitioners, including political scientists.

EU Law
1. What Constitution?
A Rose by Any Other Name
2. An Elephant That Cannot Be Defined? What the EU Is, and Is Not
A. Introduction
B. Historical Development
C. The Union Today
D. State-like Features
E. Non-state-like Features
3. Marking the Territory: Principles Governing Union Competences
A. Introduction
B. Basic Treaty Provisions on Competence
C. Articles 114 and 352 TFEU
D. The Principle of Subsidiarity
4. Who Is the Boss? In Search of a Master of the Treaties
A. Introduction
B. Procedures for Amending the Treaties
C. Creeping Competences?
D. The Ties that Bind
5. Looking Past the Trees to See the Wood: Construing a Hierarchy of Norms
A. Introduction
B. Foundations of the Union Legal Order
C. Primary Law
D. International Law
E. Secondary Law and other Acts of the Institutions
6. Into the Estuaries and up the Rivers: Union Law in the National Legal Orders of the Member States
A. Introduction
B. Primacy
C. Conformity through Interpretation
D. Direct Applicability and Direct Effect
7. A Lot More than Brussels Bureaucrats: The Institutional Framework
A. Introduction
B. The Union's Institutions
C. Union Regulatory and Administrative Bodies
D. Institutions and Bodies of the Member States
8. A Suprematist Composition? Differentiation and Flexibility
A. Introduction
B. Differentiation in Primary Law
C. Enhanced Cooperation
9. What Deficit? The EU System of Democracy
A. Introduction
B. General Considerations
C. The Political Institutions
D. Participatory, Deliberative and Substantive Democracy
10. Civis Europeus Sum: The Evolving Concept of Union Citizenship
A. Introduction
B. Pie in the Sky?
C. Who is a Union Citizen?
D. The Right to Move and Reside
E. From Movement to Citizenship and Beyond
11. Taking Rights More Seriously? The EU System of Fundamental Rights
A. Introduction
B. Field of Application
C. Sources and Material Scope
D. Non-discrimination
E. Direct Effect
12. Broadening Horizons? The Area of Freedom, Security and Justice
A. Introduction
B. Border Checks, Asylum and Immigration
C. Judicial Cooperation in Civil Matters
D. Judicial Cooperation in Criminal Matters
E. Police Cooperation
13. The Internal Market: Liberal, Social, Green or Chameleon?
A. Introduction
B. The Economic Free Movement Rights
C. The Social Dimension
D. Environment
14. Building a House by Starting with the Roof? Economic and Monetary Policy
A. Introduction
B. Monetary Policy
C. Economic and Fiscal Surveillance
D. The Stability Mechanisms
E. Built to Last?
15. An Elephant Trumpeting Loud and Clear or a Gaggle of Geese? EU External Relations
A. Introduction
B. Institutional Framework for External Action
C. Union Competences and their Use
D. The Union and the Member States
E. Security and Defence
16. Covenants of No Strength to Secure A Man At All? Issues of Enforcement and Control
A. Introduction
B. Control of Union Institutions and Bodies
C. The Role of Member States' Courts and Authorities
17. The Elephant in the Room? Concluding Remarks