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  • Critical Reflections on Constitutional Democracy in the European Union

    Critical Reflections on Constitutional Democracy in the European Union by Garben, Sacha; Govaere, Inge; Nemitz, Paul;

    Series: Modern Studies in European Law;

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    Product details:

    • Publisher Bloomsbury Publishing (UK)
    • Date of Publication 20 May 2021
    • Number of Volumes Paperback

    • ISBN 9781509952052
    • Binding Paperback
    • No. of pages448 pages
    • Size 234x156 mm
    • Weight 626 g
    • Language English
    • 155

    Categories

    Long description:

    This book takes a wide-ranging approach to tackle the complex question of the current state of constitutional democracy in the EU. It brings together a broad set of academics and practitioners with legal and political perspectives to focus on both topical and perennial issues concerning constitutional democracy (including safeguarding the rule of law and respect for fundamental rights) in theory and practice, primarily at EU level but also with due regard to national and global developments. This approach underlines that rather than a single problï¿1⁄2matique to be analysed and resolved, we are presently facing a kaleidoscopic spectrum of related challenges that influence each other in elusive, multifaceted ways. Critical Reflections on Constitutional Democracy in the European Union offers a rich analysis of the issues as well as concrete policy recommendations, which will appeal to scholars and practitioners, students and interested citizens alike. It provides a meaningful contribution to the array of existing scholarship and debate by proposing original elements of analysis, challenging often-made assumptions, destabilising settled understandings and proposing fundamental reforms. Overall, the collection injects a set of fresh critical perspectives on this fundamental issue that is as contemporary as it is eternal.

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    Table of Contents:

    1. Critical Reflections on Constitutional Democracy in the European Union and its Member States
    Sacha Garben, Inge Govaere and Paul Nemitz
    PART I
    CRITICAL REFLECTIONS ON THE CURRENT STATE OF CONSTITUTIONAL DEMOCRACY IN THE EU AND BEYOND
    Section 1: Autocracy, Populism and Brexit
    2. The Rise of Populism and the Malaise of Democracy
    Cesare Pinelli
    3. The 'Democratic Deficits' of the US and the EU Compared
    R Daniel Kelemen
    4. Constitutional Overload in a Constitutional Democracy: The UK and the Brexit Process
    Michael Gordon
    Section 2: Constitutionalism in the EU
    5. EU Fundamental Rights Legislation: The Constitutional Imbroglio
    Elise Muir
    6. The Value of Constitutionalism in the European Union
    Armin Hatje
    Section 3: Constitutional Democracy in the Eurozone
    7. Is There a Deficit of Th roughput Legitimacy in the EU?
    Vivien A Schmidt
    8. Accountability Through Self-Governance in EU Economic Governance
    Ana Bobic
    9. 'Where the Law Runs Out': The Overburdening of Law and Constitutional Adjudication by the Financial Crisis
    and Europe's New Modes of Economic Governance
    Christian Joerges

    PART II
    AN INSTITUTIONAL PERSPECTIVE ON EU CONSTITUTIONAL DEMOCRACY
    10. The Double Legitimacy and Multiple Accountability of the European Commission: Some Reflections on its Constitutional Democratic Role
    Ben Smulders
    11. The Accidental Democracy: A European Model
    Marï¿1⁄2a Josï¿1⁄2 Martï¿1⁄2nez Iglesias
    12. Democratic Participation and Transparency of the EU Council
    Leo Hoff mann-Axthelm
    13. The Role of the Court of Justice in the Legitimation of the EU's Action: The Transparency Principle Example5
    Georges Vallindas
    14. Transparency and Accountability of EU Decentralised Agencies and Agencification in Light of the Common Approach on EU Decentralised Agencies
    Merijn Chamon
    15. From Deparliamentarisation to a Parliamentary Renaissance? National Parliaments in the EU Polity
    Adam Cygan
    16. Disruptive Democracy: Keeping EU Citizens in a Box
    Pï¿1⁄2ivi Leino

    PART III
    EU CONSTITUTIONAL DEMOCRACY: PISTES DE REFLECTION FOR THE FUTURE
    17. Beyond Rhetoric: Education for Democratic Citizenship in the European Union
    Kris Grimonprez
    18. Strengthening Democracy in Europe and its Resilience Against Autocracy: Daring More Democracy and a European Democracy Charter
    Paul Nemitz and Frithjof Ehm
    19. The Principle of Legality and the EU's Legitimacy as a Constitutional Democracy: A Research Agenda
    Sacha Garben

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