Great debates in EU law / Jeremias Adams-Prassl, Sanja Bogojević.

Format:

Book

Author/Creator:

Adams-Prassl, Jeremias, author.

Bogojević, Sanja, 1982- author.

Series:

Great debates in law

Language:

English

Subjects (All):

Law--European Union countries.

Law.

European Union countries.

Physical Description:

xxii, 221 pages ; 24 cm.

Place of Publication:

London : Macmillan International Higher Education : Red Globe Press, 2021.

Contents:

Machine generated contents note: 1. From Rome with Love: The European Union's New Legal Order

Debate 1 How did the European Economic Community become the European Union?

(A). Integration Through Economics - and Law

Debate 2 A new legal order?

(A). Beyond Dualism: Supreme Rights for Individuals

(B). Dual Vigilance

Debate 3 An ever closer Union?

(A). Three Themes

(B). The Ride Ahead

Further Reading

2. Regulating Bananas: Conferral, Competence, and the Exercise of Union Powers

Debate 1 Conferral as enabling Union action

(A). Conferral

(B). From Agriculture to Zoology: Union Powers

(C). Member States as (Generous, Tet Anxious) Masters of the Treaties

Debate 2 Conferral as a limit on Union competence

(A). Red Lines ... or Gaping Holes?

(B). Competence Creep Revisited

(C). Regulating Bananas

Properly

Conclusion: Competence Creep as a Bug, or Feature?

3. Inside the Sausage Factory: EU Law-Making, Political and Legal Safeguards, and Democracy

Debate 1 IsEU law-making overly centralised?

(A). EU Legal Acts: From Cradle to Adulthood

(B). Initiating Legislation: Starting the Production Line

(C). Decision-making: Polycentricity in Action

(D). Implementation: It Ain't Over `Till It's Over'

(E). Enforcement: The Last Resort

Debate 2 Is there any way of challenging `Brussels'?

(A). Political Safeguards

(B). Legal Safeguards

Debate 3 Is EU law-making undemocratic?

(A). Unpacking the Democratic Deficit

(B). To Whom Are EU Institutions Accountable?

Conclusion: An Endowment for Democracy

4. Ferraris vs Bicycles: Challenging EU Action: A Complete System of Remedies?

Debate 1 Who gets to challenge EU action

and how?

(A). Judicial Review at the Union Level

(B). Judicial Review for Individuals

Debate 2 Should individuals enjoy direct access to Luxembourg?

(A). Standing for Natural and Legal Persons

(B). Regulatory Acts: The Post-Lisbon Landscape

Debate 3 Can there be gaps in a complete system of remedies?

(A). How Big Are the Holes in the Net?

(B). Remaining Gaps: So What?

Conclusion: Ferraris, Bicycles, and the `Art of Traffic Control'

5. Claws for Paper Tigers: Harmonious Interpretation, Direct Effect, Damages, and the Quest for National Procedural Autonomy

Debate 1 Making rights effective?

(A). Harmonious Interpretation: Bend It Like Beckham?

(B). Direct Effect: The `Silent Right' of Individuals

(C). Damages: A Lovers' Triangle'

(D). A Hierarchy of Remedies?

Debate 2 Should EU law respect national procedural autonomy?

(A). Too Far?

(B). Not Far Enough?

(C). A Middle Way

Conclusion: Peaceful Coexistence Between the Species

6. Feminists vs Founding Fathers: Individual Rights, Obligations, and the Horizontal Effect(s) of EU Law

Debate 1 Should EU law impose obligations on individuals?

(A). The Case for Horizontal Direct Effect

(B). The Case Against Horizontality

Debate 2 Should all EU law apply horizontally?

(A). Directives

(B). General Principles

(C). The Charter of Fundamental Rights

Debate 3 Has the CJEU achieved horizontal effect of directives by the back door?

(A). Recognising a Broad Notion of the State

(B). Horizontal Harmonious Interpretation (`Indirect Effect')

(C). The Knock-On Effects of Supremacy (`Incidental Effect')

Conclusion: Legal Certainty vs Effectiveness

7. Umpire or Emperor?: Preliminary References, Supremacy, and the Court of Justice

Debate 1 Is the CJEU a Supreme Court?

(A). Article 267 TFEU: Procedural Innovation or Revolutionary Constitutionalism?

(B). Asking the (Right) Question

(C). Giving the Correct Answer: Interpretation vs Application of EU Law

(D). Tension in the Air

Debate 2 Who should have the ultimate say?

(A). The Supremacy of EU Law

(B). Dogs That Bark

(C). Dogs That Bite

Conclusion: The Court of Justice as an S&M Dungeon?

8. Get Up, Stand Up

Stand Up for Your Rights: EU Human Rights Protection

Debate 1 Why should the EU protect human rights?

(A). Shoring up Supremacy and Legal Autonomy

(B). With Great Power Comes Great Responsibility

Debate 2 How should the Charter protect fundamental rights?

(A). The Journey from `Solemn Proclamation' to Primary Treaty Status

(B). What Rights Should Be Protected?

(C). How Far Should the Charter Go?

(D). The Charter in Action

Debate 3 Too much of a good thing?

(A). Should the EU Accede to the ECHR?

(B). Can Member States Diverge from Protective Standards?

Conclusion: The EU's Human Rights Paradox

9. Ever Closer Union(s): Free Movement of Persons and Citizenship

Debate 1 What is at stake?

(A). `We Wanted Workers, and Humans Came'

(B). Winners and (Potential) Losers

(C). Schrboinger's Immigrant

Debate 2 Rights for the few (who are economically active)?

(A). Foundations: The Treaty

(B). The Citizens' Rights Directive

Debate 3 Rights for all (citizens)}

(A). Cives Europaeus Sum?

(B). Purely Internal Situations

Conclusion: Citizenship as a Metaphor or a Source of Rights?

10. Sex Dolls, Beer, and Keck: Free Movement of Goods and the Internal Market

Debate 1 What kind of market?

(A). The Benefits of Free Trade

(B). The Cost of Free Trade

(C). A Market Without Internal Frontiers

Debate 2 What is a trade barrier?

(A). Easy Cases: Quantitative Restrictions and Measures of Equivalent Effect

(B). Indistinctly Applicable Rules: Technical Standards

(C). Generic Obstacles to Trade

(D). Market Access: Having Tour Keck and Eating It?

Debate 3 When can a trade barrier be justified?

(A). Article 36 TFEU

(B). Mandatory Requirements

(C). Proportionality

Conclusion: `You Cannot Fall in Love with the Single Market'

11. Back to the Future: A Union Ready for the Challenges Ahead?

Challenge 1 The return of the nation-state

(A). Populism

(B). The EU as a Protector of the Rule of Law

Challenge 2 The climate crisis

(A). Governance Models

(B). A `Green Recovery'

Challenge 3 Digitalisation

(A). The Digital Single Market

(B). Towards a European Digital Strategy

Conclusion: Looking Back, Going Forward

Further Reading.

Notes:

Includes bibliographical references and index.

ISBN:

9781352012095

135201209X

9781352012415

1352012413

OCLC:

1228319200