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Research Handbook on Legal Pluralism and EU Law

Edited by: Gareth Davies, Matej Avbelj

ISBN13: 9781786433084
Published: May 2018
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £179.00

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The Research Handbook on Legal Pluralism and EU Law explores the phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them.

The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU. Addressing pluralism within policy areas such as EMU, migration, and external relations, and applying different perspectives - from the constitutionalist to the Foucauldian - this diverse collection of thinkers about EU law ask whether a pluralist perspective is part of the problem or part of the solution.

Contributors offer both critical and positive assessments of the value of pluralist thinking in the EU whilst addressing major issues facing the EU now - Brexit, populism, migration, the Euro-crisis - and asking what lessons can be learned from and for pluralism. This Research Handbook will be invaluable reading for legal academics specialising in EU law, EU constitutional Law, Legal Theory, and political scientists focused on legal aspects of EU integration.

Students on advanced courses in EU law and EU constitutional law, as well as judges at the Court of Justice and higher national courts will also find this stimulating reading.

EU Law
1. Introduction Matej Avbelj, Gareth Davies

Part I The Nature of European Legal Pluralism
2. Claim-Making and Parallel Universes: Legal Pluralism from Church and Empire to Statehood and the European Union Poul Fritz Kjaer
3. Subverting Sovereignty's Voluntarism: Pluralism and Subsidiarity in Cahoots Maria Cahill
4. From Pluralism to Perspectivism Kaarlo Tuori

Part II Theorizing EU Constitutional Pluralism
5. The Anatomy of Constitutional Pluralism in the European Union Cormac Mac Amhlaigh
6. Constitutional Conflicts and Agonistic Pluralism: What Can We Learn From Political Theory? Giuseppe Martinico
7. Human Dignity and EU Legal Pluralism Matej Avbelj
8. Constitutional Pluralism Beyond Monism and Dualism Francois-Xavier Millet
9. Triangular Constitutionalism: The Consequences of Constitutional Pluralism for Domestic Constitutional Thought Tom Flynn
10. The Sociological Concept of EU Constitutional Pluralism Jiri Priban

Part III EU Legal Pluralism and Democracy
11. Pluralism through Its Denial: The Success of EU Citizenship Dimitry Kochenov and Justin Lindeboom
12. The False Promise of Constitutional Pluralism Nik de Boer
13. The Metabolic Constitution and the Limits of EU Legal Pluralism Peter Lindseth
14. Of Politics and Pluralism: Governmentality and the EU Legal Order Jessica Lawrence
15. The Pluralist Character of the European Treaties Clemens Kaupa

Part IV The Practice of EU Legal Pluralism and its Future
16. Is there Room for Legal Pluralism in EU Relations with Third States? A Study of Nordic Approaches to European Integration Paivi Leino and Liisa Leppavirta
17. Constitutional Pluralism and Judicial Adjudication: On Legal Reasoning, Minimalism and Silence by the Court of Justice Suvi Sankari
18. Interpretative Pluralism within EU Law Gareth Davies
19. Discretion, not Rules: Post-Unitary Constitutional Pluralism in the Economic and Monetary Union Matthias Goldmann
20. The EU's Relationship to International Law: Lessons from Brexit Pavlos Eleftheriadis
21. Legal Pluralism in the European Regulation of Border Control: Disassembling, Diffusing, and Legalising the Power to Exclude Galina Cornelisse
22. The Dangers of Constitutional Pluralism R. Daniel Kelemen Afterword
23. Pluralism Then and Now Neil Walker