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Vol 22 No 8 August/Sept 2017

Book of the Month

Cover of STEP: A Practical Guide to the Transfer of Trusteeships

STEP: A Practical Guide to the Transfer of Trusteeships

Edited by: Richard Williams, Arabella Murphy, Toby Graham
Price: £110.00

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The Constitutionalization of European Budgetary Constraints

Edited by: Maurice Adams, FedericoEditor Fabbrini, Pierre Larouche

ISBN13: 9781849465809
Published: April 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00
Paperback edition , ISBN13 9781509907052



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The recently enacted Treaty on the Stability, Coordination and Governance of the Economic and Monetary Union (generally referred to as the Fiscal Compact) has introduced a “golden rule”, which is a detailed obligation that government budgets be balanced. Moreover, it requires the 25 members of the EU which signed the Treaty in March 2012, to incorporate this “golden rule” within their national Constitutions. This requirement represents a major and unprecedented development, raising formidable challenges to the nature and legitimacy of national Constitutions as well as to the future of the European integration project.

This book analyses the new constitutional architecture of the European Economic and Monetary Union (EMU), examines in a comparative perspective the constitutionalization of budgetary rules in the legal systems of the Member States, and discusses the implications of these constitutional changes on the future of democracy and integration in the EU. By combining insights from law and economics, comparative institutional analysis and legal theory, the book offers a comprehensive survey of the constitutional incorporation of new fiscal and budgetary rules across Europe and a systematic normative discussion of the legitimacy issues at play. It thus contributes to a better understanding of the Euro-crisis, of the future of the EU, and the reforms needed towards a deeper and genuine EMU.

Subjects:
EU Law
Contents:
Foreword: Fiscal Capacity and Constitutional Reform in the EMU Miguel Poiares Maduro '
1. Introduction-The Constitutionalization of European Budgetary Constraints: Eff ectiveness and Legitimacy in Comparative Perspective Maurice Adams, Federico Fabbrini and Pierre Larouche

Part 1 The New Constitutional Architecture of European Economic and Monetary Union
2. Economic Governance and the Euro Crisis: Constitutional Architecture and Constitutional Implications Paul Craig
3. The Use of International Law as a Tool for Enhancing Governance in the Eurozone and its Impact on EU Institutional Integrity Angelos Dimopoulos
4. Diff erentiated Economic Governance and the Reshaping of Dominium Law Kenneth A Armstrong
5. EU Fiscal Governance and the Eff ectiveness of its Reform Alexandre de Streel
6. Maastricht Revisited: Economic Constitutionalism, the ECB and the Bundesbank Marijn van der Sluis
7. The Independence of the ECB after the Economic Crisis Stefania Baroncelli

Part 2 The Constitutionalization of European Budgetary Constraints: Comparative Experiences
8. (Un)Balanced Budget Rules in Europe and America Pieter-Augustijn Van Malleghem
9. A Legalization of Financial Constitutions in the EU? Reflections on the German, Spanish, Italian and French Experiences Giacomo Delledonne
10. Fiscal Stability Rules in Central European Constitutions Marek Antos
11. Can Constitutional Rules, Even if 'Golden', Tame Greek Public Debt? Lina Papadopoulou
12. Mandatory Balanced Budget in Dutch Legislation Following Examples Abroad? Michal Diamant and Michiel van Emmerik
13. An Analysis of the Method and Efficacy of Ireland's Incorporation of the Fiscal Compact Roderic O'Gorman

Part 3 Towards a Genuine EMU: Democracy, Legitimacy and Integration
14. Domestic Courts, Constitutional Constraints and European Democracy: What Solution for the Crisis? Ingolf Pernice
15. National Parliaments' Say on the New EU Budgetary Constraints: The Case of Spain and Ireland Sonia Piedrafita
16. Who Got to Adjudicate the EU's Financial Crisis and Why? Judicial Review of the Legal Instruments of the Eurozone Samo Bardutzky and Elaine Fahey
17. Th e Impact of Stronger Economic Policy Co-ordination on the European Social Dimension: Issues of Legitimacy Francesco Costamagna
18. Power and Legitimacy in the Eurozone: Can Integration and Democracy Be Reconciled? Peter L Lindseth
19. From Fiscal Constraints to Fiscal Capacity: The Future of EMU and its Challenges Federico Fabbrini

Series: Modern Studies in European Law

Media Law and Market Regulation in the European Union ISBN 9781849460316
To be published January 2019
Hart Publishing
£40.00
EU Employment Law 2nd ed ISBN 9781841136837
To be published October 2018
Hart Publishing
£35.00
The Europeanisation of Remedies and Procedures through Judge-Made Law ISBN 9781849462495
To be published June 2018
Hart Publishing
£90.00
The Principles of Corporate Sentencing in EU Law ISBN 9781849466509
To be published May 2018
Hart Publishing
£80.00
The EU Better Regulation Agenda: A Critical Assessment ISBN 9781509917334
To be published May 2018
Hart Publishing
£70.00
The Fundamental Rights of Companies ISBN 9781841136899
To be published May 2018
Hart Publishing
£63.00
Collective Rights in Europe: A Comparative Study of Safeguards and Barriers ISBN 9781849463690
To be published May 2018
Hart Publishing
£65.00
Toward a Prosecutor for the European Union: Draft Rules of Procedure
Edited by: Katalin Ligeti
ISBN 9781849463157
To be published May 2018
Hart Publishing
£58.00
Social Legitimacy in the Internal Market: A Dialogue of Mutual Responsiveness ISBN 9781509914531
To be published April 2018
Hart Publishing
£65.00
EU Governance of GMOs ISBN 9781841138039
To be published April 2018
Hart Publishing
£50.00
Fundamental Rights and EU Internal Market Legislation ISBN 9781509920006
To be published February 2018
Hart Publishing
£32.99
Uniformity of Customs Administration in the European Union ISBN 9781509920020
To be published February 2018
Hart Publishing
£29.99
The European Union Under Transnational Law: A Pluralist Appraisal ISBN 9781509911523
To be published January 2018
Hart Publishing
£55.00
Questioning EU Citizenship: Judges and the Limits of Free Movement and Solidarity in the EU
Edited by: Daniel Thym
ISBN 9781509914685
To be published December 2017
Hart Publishing
£70.00
The European Union in International Organisations and Global Governance ISBN 9781509918379
To be published December 2017
Hart Publishing
£37.99
Nudge and the Law: A European Perspective ISBN 9781509918355
To be published December 2017
Hart Publishing
£22.99
Environmental Crime in Europe ISBN 9781509914012
To be published December 2017
Hart Publishing
£70.00
Governing Public Health: EU Law, Regulation and Biopolitics ISBN 9781509917761
To be published October 2017
Hart Publishing
£29.99
The Rule of Law in the European Union: The Internal Dimension ISBN 9781849464703
Published September 2017
Hart Publishing
£55.00
Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts
Edited by: Petr Agha
ISBN 9781849468657
Published August 2017
Hart Publishing
£60.00
The European Union and Social Security Law (eBook) ISBN 9781509911561
Published August 2017
Hart Publishing
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The European Union and Social Security Law ISBN 9781509911578
Published August 2017
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The EU and Nanotechnologies: A Critical Analysis ISBN 9781509908509
Published August 2017
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£75.00
The EU and Nanotechnologies: A Critical Analysis (eBook) ISBN 9781509908523
Published August 2017
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£32.99
Fundamental Rights in the EU: A Matter for Two Courts ISBN 9781509915477
Published June 2017
Hart Publishing
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EU Liability and International Economic Law ISBN 9781509901593
Published June 2017
Hart Publishing
£60.00
Republican Europe ISBN 9781509910748
Published June 2017
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EU Liability and International Economic Law (eBook) ISBN 9781509901616
Published June 2017
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Republican Europe (eBook) ISBN 9781509910731
Published June 2017
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Marketing and Advertising Law in a Process of Harmonization ISBN 9781509900671
Published May 2017
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The Struggle for European Private Law: A Critique of Codification ISBN 9781509913824
Published February 2017
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The European Union’s External Action in Times of Crisis ISBN 9781509900558
Published October 2016
Hart Publishing
£85.00
The European Union’s External Action in Times of Crisis (eBook) ISBN 9781509900572
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European Court of Justice and External Relations: Constitutional Challenges ISBN 9781509909902
Published July 2016
Hart Publishing
£24.99
Nationalism and Private Law in Europe ISBN 9781509907410
Published June 2016
Hart Publishing
£30.00
£31.99
The Pluralist Character of the European Economic Constitution (eBook) ISBN 9781509901098
Published June 2016
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EU Asylum Procedures and the Right to an Effective Remedy ISBN 9781509907427
Published June 2016
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The Pluralist Character of the European Economic Constitution ISBN 9781849467698
Published June 2016
Hart Publishing
£60.00
The EU Accession to the ECHR ISBN 9781509909261
Published June 2016
Hart Publishing
£32.99
European Law on Unfair Commercial Practices and Contract Law (eBook) ISBN 9781782258131
Published May 2016
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European Law on Unfair Commercial Practices and Contract Law ISBN 9781782258117
Published May 2016
Hart Publishing
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The Impact of Union Citizenship on the EU's Market Freedoms ISBN 9781849461672
Published February 2016
Hart Publishing
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The Impact of Union Citizenship on the EU's Market Freedoms (eBook) ISBN 9781509904419
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Equal Citizenship and its Limits in EU Law: We the Burden? ISBN 9781782258155
Published February 2016
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Equal Citizenship and its Limits in EU Law: We the Burden? (eBook) ISBN 9781782258162
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Uniformity of Customs Administration in the European Union (eBook) ISBN 9781782256731
Published November 2015
Hart Publishing
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Uniformity of Customs Administration in the European Union ISBN 9781782256724
Published November 2015
Hart Publishing
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Fundamental Rights and EU Internal Market Legislation ISBN 9781849467117
Published November 2015
Hart Publishing
£180.00
Fundamental Rights and EU Internal Market Legislation (eBook) ISBN 9781782258971
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Nudge and the Law: A European Perspective ISBN 9781849467322
Published September 2015
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Nudge and the Law: A European Perspective (eBook) ISBN 9781782259480
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The European Union in International Organisations and Global Governance ISBN 9781849467001
Published September 2015
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The European Union in International Organisations and Global Governance (eBook) ISBN 9781782259435
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EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849468732
Published September 2015
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£65.00
Governing Public Health: EU Law, Regulation and Biopolitics ISBN 9781849462204
Published July 2015
Hart Publishing
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Governing Public Health: EU Law, Regulation and Biopolitics (eBook) ISBN 9781782259732
Published July 2015
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EU International Relations Law 2nd ed ISBN 9781849463225
Published March 2015
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£43.99
Fundamental Rights in the EU: A Matter for Two Courts (eBook) ISBN 9781782258902
Published March 2015
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EU International Relations Law 2nd ed (eBook) ISBN 9781782254898
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Fundamental Rights in the EU: A Matter for Two Courts ISBN 9781849467070
Published March 2015
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The Struggle for European Private Law: A Critique of Codification (eBook) ISBN 9781782253112
Published January 2015
Hart Publishing
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The Struggle for European Private Law: A Critique of Codification ISBN 9781849462600
Published January 2015
Hart Publishing
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European Court of Justice and External Relations: Constitutional Challenges (eBook) ISBN 9781849468329
Published September 2014
Hart Publishing
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European Court of Justice and External Relations: Constitutional Challenges ISBN 9781849465045
Published September 2014
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The EU Accession to the ECHR (eBook) ISBN 9781782254478
Published July 2014
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The EU Accession to the ECHR ISBN 9781849465236
Published July 2014
Hart Publishing
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EU Asylum Procedures and the Right to an Effective Remedy ISBN 9781849465458
Published June 2014
Hart Publishing
£65.00
EU Asylum Procedures and the Right to an Effective Remedy (eBook) ISBN 9781782254003
Published June 2014
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Nationalism and Private Law in Europe (eBook) ISBN 9781782253877
Published May 2014
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Nationalism and Private Law in Europe ISBN 9781849465878
Published May 2014
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EU Environmental Law, Governance and Decision-making 2nd ed ISBN 9781849464215
Published April 2014
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EU Environmental Law, Governance and Decision-making 2nd ed (eBook) ISBN 9781782254089
Published April 2014
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EU Security and Justice Law: After Lisbon and Stockholm ISBN 9781849464222
Published February 2014
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EU Security and Justice Law: After Lisbon and Stockholm (eBook) ISBN 9781782252641
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Services and the EU Citizen ISBN 9781849464260
Published April 2013
Hart Publishing
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Services and the EU Citizen (eBook) ISBN 9781782250968
Published April 2013
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Lawyering Europe: European Law as a Social Field ISBN 9781849463782
Published March 2013
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£60.00
Lawyering Europe: European Law as a Social Field (eBook) ISBN 9781782250944
Published March 2013
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The Legal Reasoning of the Court of Justice of the EU (eBook) ISBN 9781782250319
Published January 2013
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The Legal Reasoning of the Court of Justice of the EU ISBN 9781849463232
Published January 2013
Hart Publishing
£75.00
Toward a Prosecutor for the European Union Volume 1 A Comparative Analysis
Edited by: Katalin Ligeti
ISBN 9781849463140
Published December 2012
Hart Publishing
£120.00
Toward a Prosecutor for the European Union Volume 1 A Comparative Analysis (eBook)
Edited by: Katalin Ligeti
ISBN 9781782250456
Published December 2012
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Empowerment and Disempowerment of the European Citizen ISBN 9781849462358
Published November 2012
Hart Publishing
£65.00
Federalism in the European Union ISBN 9781849462426
Published September 2012
Hart Publishing
£85.00
Federalism in the European Union (eBook) ISBN 9781847319982
Published September 2012
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Children and the European Union: Rights, Welfare and Accountability ISBN 9781841137650
Published August 2012
Hart Publishing
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EU Counter-Terrorism: Pre-Emption and the Rule of Law (eBook) ISBN 9781847319609
Published June 2012
Hart Publishing
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EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849461351
Published June 2012
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The Constitutional Dimension of European Criminal Law ISBN 9781849461764
Published May 2012
Hart Publishing
£65.00
The Constitutional Dimension of European Criminal Law (eBook) ISBN 9781847319548
Published May 2012
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Public Liability in EU Law: Brasserie, Bergaderm and Beyond ISBN 9781849461337
Published November 2011
Hart Publishing
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Public Liability in EU Law: Brasserie, Bergaderm and Beyond (eBook) ISBN 9781847318190
Published November 2011
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The Cyprus Issue: The Four Freedoms in a Member State under Siege ISBN 9781849460958
Published March 2011
Hart Publishing
£70.00
The Impact of EU Law on Minority Rights ISBN 9781841138725
Published January 2011
Hart Publishing
£60.00
The Employment Relationship: A Comparative Overview ISBN 9781841134208
Published December 2010
Hart Publishing
£40.99
£100.00
Legitimacy in EC Cartel Control ISBN 9781849460057
Published February 2010
Hart Publishing
£110.00
Principles of European Constitutional Law 2nd ed ISBN 9781841138220
Published December 2009
Hart Publishing
£200.00
EU Criminal Law (eBook) ISBN 9781847317261
Published March 2009
Hart Publishing
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EU Criminal Law ISBN 9781841135854
Published March 2009
Hart Publishing
£45.00
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Regulation of the State in Competitive Markets in the EU ISBN 9781841134970
Published August 2007
Hart Publishing
£38.99
Free Movement, Social Security and Gender in the EU ISBN 9781841136226
Published July 2007
Hart Publishing
£80.00
EU Food Law: Protecting Consumers and Health in a Common Market ISBN 9781841134987
Published March 2007
Hart Publishing
£49.99
The National Courts' Mandate in the European Constitution ISBN 9781841134765
Published March 2006
Hart Publishing
£100.00
European Union Law and Defence Integration ISBN 9781841134406
Published October 2005
Hart Publishing
£80.00
Partnership Rights, Free Movement, and EU Law ISBN 9781841134772
Published December 2004
Hart Publishing
£65.00
National Remedies Before The Court of Justice ISBN 9781841133959
Published December 2004
Hart Publishing
£65.00
Soft Law in European Community Law ISBN 9781841134321
Published September 2004
Hart Publishing
£100.00
Publication Abandoned