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 Jonathan Karas


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The Tangled Complexity of the EU Constitutional Process: The Frustrating Knot of Europe 2nd ed


ISBN13: 9780367467036
Previous Edition ISBN: 9780415688192
Published: August 2022
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: Out of print
Paperback edition out of print, ISBN13 9781138817227



Offering a fresh view on the EU constitutionalisation process, the new edition of The Tangled Complexity of The EU Constitutional Process presents three main points: the idea of constitutional complexity, the tension between constitutional evolutionism and constitutional constructivism in the process of European integration, and the functional nature of conflicts in the evolution of the EU. Because of its prodigiousness, European law produces consternation among constitutionalists accustomed to traditional patterns of power. Yet, constitutional pluralism is under siege. Populist governments have abused constitutional-pluralistic concepts like those of national identity, and scholars have also criticised constitutional courts for the abuse of the national identity argument provoking a worrying escalation of constitutional conflicts.

This book argues that while constitutional conflicts have frequently been depicted as elements of disturbance along the path towards legal coherence, constitutional conflicts are physiological and might even be functional to the development of the European legal order, which should not be understood in a deterministic manner.

The new edition expands its scope of application beyond judicial interactions, to consider the role of the parliaments as actors of a complex legal system and will be of particular interest to academics and students in the disciplines of Law, International Relations, and Political Science.

Subjects:
EU Law
Contents:
Preface to the Second Edition. Why a new edition?
Preface and acknowledgements
Chapter I: Only a drop in the ocean? An attempt to classify the debate about the notion and the nature of the European Constitution
Introductory remarks
2. When concepts matter: what do we mean by ‘constitutionalisation’, ‘constitution’ and ‘constitutionalism’ at EU level?
3. Dealing with the literature: what about the ‘efficient secret’ of the European Constitution? Some attempts at classification
4. The persistent terminological ambiguity with reference to European constitutional law
5. Concluding on Fundamental Rights in EU law
6. Final Remarks
Chapter II: Dealing with constitutional theories of European integration
1. Plan of the chapter
2. Multilevel constitutionalism
3. Constitutional pluralism
4. Complexity as ‘the efficient secret’ of the European Constitution
5. From complexity to constitutional synallagma: some examples
6. The idea of a complex ‘order’
Chapter III: Constructivism, evolutionism in the last twenty years of (mega) constitutional politics in the eu
1. Plan of the chapter
2. Constitutional constructivism versus constitutional evolutionism
3. The discontents of European constitutionalism and their relations with constitutional constructivism
4. The (attempted) hijack of the acquis communautaire
5. The Maastricht Treaty as a turning point in the relationship between the ECJ and national governments
6. Pupino: A frustrated attempt to limit the interpreter?
7. The season of the Conventions and its products
8. Art.
4.2 TEU as the apex of a constitutional crescendo
9. The Charter of Fundamental Rights of the EU
10. Final Remarks
Chapter IV: The Multiple Crises of the European Union (2011-2021)
An existential crisis
The Impact over the EU Constitutional System and the Reaction to the Pandemic
Why the European Union is not (only) an ordoliberal entity
Chapter V: Complexity in Action: From the Structure to the Actors
1. Plan of the chapter
2. Multiple loyalties and complexity in action: How Hard it is Being a Judge in a Complex Legal Order
3. The idea of constitutional conflicts as a direct consequence of the constitutional complexity of the EU
4. Back to case law: a possible typology of constitutional conflicts
5. Conflicts by convergence as one of the unexpected consequences of the constitutionalisation of the EU
6. The importance of a consistent interpretation as a technique for recognising fully fledged ‘conflicts’
Chapter VI: On the future of constitutional conflicts
1. On European Monstrosity
2. Pushing the Incoming Tide Back? Some notes on Brexit
3. Past and Future of Constitutional Conflicts

Index

Series: Routledge Research in EU Law

The European Union as a Normative Power: The Role of the CJEU ISBN 9781032441108
Published April 2024
Routledge
£135.00
Delegation of Powers in the EU Legal System (eBook) ISBN 9781000563467
Published January 2024
Routledge
Out of print
Delegation of Powers in the EU Legal System ISBN 9781032004044
Published January 2024
Routledge
£39.99
Out of print
Delegation of Powers in the EU Legal System ISBN 9780367710927
Published March 2022
Routledge
£135.00
Constitutional Law and the EU Balanced Budget Principle ISBN 9781138742871
Published November 2021
Routledge
£145.00
Constitutional Law and the EU Balanced Budget Principle (eBook) ISBN 9781351723510
Published November 2021
Routledge
Out of print
£135.00
The EU Social Market Economy: Theoretical Perspectives and Practical Challenges
Edited by: Delia Ferri
ISBN 9781138478480
Published July 2018
Routledge
£150.00
EU Energy Relations With Russia ISBN 9781138041752
Published March 2018
Routledge
£135.00
Out of print
Managing the Euro Crisis: National EU Policy Coordination in the Debtor Countries
Edited by: Sabrina Ragone
ISBN 9781138123793
Published November 2017
Routledge
£135.00
£43.99
The Right to Family Life in the European Union ISBN 9781138186279
Published January 2017
Routledge
£135.00
The Right to Family Life in the European Union (eBook) ISBN 9781317287582
Published January 2017
Routledge
Out of print
Out of print
£150.00
Out of print
Global Data Protection in the Field of Law Enforcement ISBN 9781138655386
Published June 2016
Routledge
£125.00
£145.00
European Perspectives on Environmental Law and Governance ISBN 9781138809680
Published June 2014
Routledge
£53.99
European Perspectives on Environmental Law and Governance ISBN 9780415500067
Published October 2012
Routledge
£145.00
The Evolving EU Counter-terrorism Legal Framework ISBN 9780415557580
Published December 2011
Routledge
£145.00
The Evolving EU Counter-terrorism Legal Framework (eBook) ISBN 9781136493836
Published December 2011
Routledge
Out of print
Out of print
Turkey’s Accession to the European Union: The Politics of Exclusion? ISBN 9780415577854
Published September 2010
Routledge
£36.99
Out of print
New Governance and the European Strategy for Employment ISBN 9780415467797
Published March 2010
Routledge
£96.99
Centralised Enforcement, Legitimacy and Good Governance in the EU ISBN 9780415467841
Published August 2009
Routledge
£145.00