Federalism in the European Union / edited by Elke Cloots, Geert De Baere and Stefan Sottiaux.

Format:

Book

Contributor:

Baere, G. de, editor.

Cloots, Elke, editor.

Sottiaux, Stefan, editor.

Series:

Modern studies in European law ; v. 33.

Modern studies in European law ; v. 33

Language:

English

Subjects (All):

European Union.

Constitutional law--European Union countries.

Constitutional law.

European federation.

European Union countries--Politics and government.

European Union countries.

Physical Description:

1 online resource (439 p.)

Edition:

1st ed.

Place of Publication:

Oxford, U.K. ; Portland, Oregon : Hart Publishing, 2012.

Language Note:

English

Summary:

This edited volume aims to reveal the Janus-faced character of federalism in the European Union. Federalism appears in two main forms in the EU. On the one hand, numerous formerly unitary Member States have embarked on a path towards a (quasi-)federal governance structure. On the other hand, the EU itself is sometimes qualified as a federal system. Significantly, the concept of federalism has a very different, even opposite, connotation in both contexts. When associated with Member State reform, federalism is regarded as a technique for accommodating autonomy claims of sub-state nations. By contrast, when federalism is used as a label for the EU itself, it is conceived as a far-reaching way of integrating the nations of Europe. This dual appearance of federalism in the EU context is central to the structure of the book. The first collection of essays addresses the question whether the EU may be described as a federal system, and whether it can learn from existing federations. In the second set of contributions, the attention shifts to domestic federalisation processes, more particularly to the impact of these processes on EU law and vice versa

Contents:

Introduction : Federalism's Janus face

Elke Cloots, Geert De Baere and Stefan Sottiaux

EU federalism in 3-D

Koen Lenaerts

Federalism and jurisdiction

Pavlos Eleftheriadis

Federalism, the EU and international law : on the possible (and necessary) role of subsidiarity in legitimate multilevel trade governance

Alexia Herwig

The Court of Justice as a federal constitutional court : a comparative perspective

Monica Claes and Maartje de Visser

The dual system of rights protection in the European Union in light of US federalism

Aida Torres Perez

Federalism and international relations in the European Union and the United States : a comparative outlook

Geert De Baere and Kathleen Gutman

European ties that bind : political or cultural?

Helder De Schutter

Does EU decision-making take into account regional interests?

Piet Van Nuffel

The role of sub-state entities in the EU decision-making processes : a comparative constitutional law approach

Nikos Skoutaris

Autonomous constitutional regions in a federal Europe

Joxerramon Bengoetxea

The European Court of Justice and the devolution of taxation powers

Suzanne Kingston

The impact of EU law on the devolution of social powers in the member states

Herwig Verschueren

EU law and language regulation in (quasi-) federal member states

Elke Cloots and Stefan Sottiaux

The European Court of Justice and member state federalism : balancing or categorisation?

Elke Cloots

The impact of "regional blindness" on the Italian regional state

Giuseppe Martinico

The Spanish state structure and EU law : the view of the Spanish consitutional court

Maite Zelaia Garagarza

Economic and monetary union : caught between Brussels and Luxembourg? The influence of EU law on Belgian federalism case law

Stef Feyen.

Notes:

"This collection of essays is based on the proceedings of the workshop Federalism in the European Union, which was held at the Law Faculty of the Katholieke Universiteit Leuven on 12 and 13 May 2011."--pages [ix].

Includes bibliographical references and index.

ISBN:

9781847319982

184731998X

9781472566164

1472566165

9781299090767

1299090761

9781847319975

1847319971

OCLC:

827208346