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The Dynamics of Powers in the European Union

Edited by: Christina Eckes, Päivi Leino-Sandberg, Anna Wallerman Ghavanini

ISBN13: 9781509971596
To be Published: September 2024
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00



This edited collection examines decision-making in the EU and its constitutional structure through the lens of the separation of powers.

This focus reveals how a strong executive represents a single source of public power, which is not as sufficiently counterbalanced. It explores three fields: economic and monetary union, migration, and trade. Drawing on expertise from across those sectors, with a strong conceptual thread linking all the contributions, this important work illustrates how different branches of government co-determine each others' powers.

Subjects:
EU Law
Contents:
Part I: Conceptual Considerations
1. Introduction
2. Federal Value Enforcement in a System of Separated Powers
3. From Separated Powers to Consensual Executive Government in the EU

Part II: The Relationship Between the Legislature and the Executive
4. A Crack in the Constitutionalisation of EU Migration and Asylum Policy? Assessing the Practical Implications of Informalisation of EU Readmission Policy on Separation of Powers
5. The European Commission as a Driver of EU Trade Policy: A Constrained Executive
6. Regulatory Cooperation in 21st Century Free Trade Agreements
7. The Role of Parliaments in EU Economic Policymaking

Part III: The Relationship between the Judiciary and the Executive
8. Judicial Scrutiny of the External Dimension of EU Asylum and Immigration Law: The Tensions between Human Rights and Stronger Border Controls
9. Litigating Monetary Policy: The Limits are Ours
10. Separation of Powers in 21st Century Trade Relations

Part IV: The Relationship between the Judiciary and the Legislature
11. National Constitutional Adjudication on EMU-Related Measures: A New Field of Judicial Activism?
12. Creative Control: Judicial Review of Legislative Power in EU Migration Law
13. Judicial Control of the EU and Member States' Trade and Investment Relations

Part V: Cross-Cutting Considerations
14. The Place of Expertise in EU Governance
15. Separation of Powers within a Hybrid EU Multilayered System: A Cross-Sectional Outlook
16. The Role of Constitutional Courts in a Multilayered Conception of Separated Powers
17. Conclusions