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Constitutional Change in the EU: From Uniformity to Flexibility?


ISBN13: 9781841131030
ISBN: 1841131032
Published: April 2000
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £63.00



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This collection of essays seeks to address the changing constitutional framework of the European Union, and some of the changing patterns of governance within this complex polity. The primary aim of the book is to examine the apparent and gradual shift in the paradigm of European governance from one emphasizing the importance of uniformity and harmonization, to one which embraces a substantial degree of flexibility and differentiation.

The chapters range from broad, theoretical reflections on the constitutional implications of differentiation and flexibility for the European polity, to more focused case studies which examine various forms of closer co-operation, ""variable geometry"" and flexibility existing in specific policy areas.;Some of the contributions interrogate the extent to which there has actually been any significant change of paradigm, and others explore the many different meanings and instances of flexibility which have emerged.

Overall, in presenting a variety of perspectives and methods of addressing these important and topical questions, the collection brings into focus both the problems and potential ways forward for Europe which these constitutional developments suggest.

Subjects:
EU Law
Contents:
Introduction, Grainne de Burca and Joanne Scott; flexibility within a metaconstitutional frame - reflections on the future of legal authority in Europe, Neil Walker; ""old flexibility"" - international agreements between member states of the EU, Bruno de Witte; flexible models - external policy and the European economic constitution, Marise Cremona; closer co-operation and the court of justice, Carole Lyons; flexibility in the geographical scope of EU law, Jacque Ziller; differentiation within the ""core""? the case of the internal market, Grainne de Burca; EMU and the catch-22 of EU constitution-making, Filip Tuytschaever; flexibility and European law - a labour lawyer's view, Miguel Rodriguez-Pineiro Royo; finding space for closer co-operation in the field of culture, Stephen Weatherill; flexibility, ""proceduralization"" and environmental governance in the EU, Joanne Scott; flexibility and co-operative law, Karl-Heinz Ladeur; flexibility and models of governance for the EU, Eric Philippart and Monika Sie Dhian Ho; constitutionalism and flexibility in the EU - developing a relational approach, Jo Shaw.