The Enforcement of EU Law and Values
Ensuring Member States' Compliance
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Product details:
- Publisher OUP Oxford
- Date of Publication 9 March 2017
- ISBN 9780198746560
- Binding Hardback
- No. of pages592 pages
- Size 253x185x40 mm
- Weight 1214 g
- Language English 0
Categories
Short description:
Examining the growing issue of EU Member States' defiance in the face of EU law, this volume outlines the development and history of this crisis, and offers a theoretical and comparative analysis of the difficulties the EU is facing in their attempts to enforce Member State to comply with European integration, suggesting solutions for the future.
MoreLong description:
It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come.
Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance ? the French Empty Chair policy?, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history.
Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.
The volume, with its collection of well-fitting contributions, updates the reader on the current state of European legal research on the implementation of Union values and provides an sketch of relevant national and supranational solutions [translation]
Table of Contents:
Introductory Remarks
Part I: Theoretical Issues
The Acquis and Its Principles: The Enforcement of the 'Law' vs. the Enforcement of 'Values' in the European Union
On the Legal Enforcement of Values. The Importance of the Institutional Context
Pluralism and Systemic Defiance in the European Union
Part II: Instruments and Methods: Established and Proposed
Infringement proceedings
Making Effective Use of Article 260 TFEU
Preliminary References as a Means for Enforcing EU Law
Francovich Enforcement Analysed and Illustrated by German (and English) Law
The Bite, the Bark and the Howl: Article 7 TEU and the Rule of Law Initiatives
Compliance and Enforcement in Economic Policy Coordination in EMU
Rule of Law Values in the Decentralized Public Enforcement of EU Competition Law
Soft Law and the Enforcement of EU Law
Protecting EU Values Reverse Solange and the Rule of Law Framework
A Democracy Commission of One's Own, or: What it would take for the EU to safeguard Liberal Democracy in its Member States
Application of the EU Charter in National Courts in Purely Domestic Cases
Part III: Comparative Outlook
Enforcement of Federal Law against the German Länder
The Enforcement of Federal Law in the Belgian Federal State
Regional Defiance and Enforcement of Federal Law in Spain: The Claims for Sovereignty in the Basque County and Catalonia
Enforcement of National Law against Subnational Units in the United States
The Enforcement of ECtHR Judgments
Enforcing WTO Law
Enforcement of UN Security Council Resolutions and of International Court of Justice Judgments: The Unreliability of Political Enforcement Mechanisms
Securing compliance with democracy requirements in regional organisations
Part IV: Case Studies in the EU
Defiance by a Constitutional Court - Germany
Defiance for European Influence - the Empty Chair and France
Questioning the Basic Values - Austria and Jörg Haider
Challenging the Basic Values - The Problems of the Rule of Law in Hungary and the Failure of the European Union to Tackle Them
Weak Members and the Enforcement of EU Law
Inside but out? The United Kingdom and the European Union
