Full Description
Separation of powers is the time-tested touchstone of the legitimate exercise of power in modern democracies. This collection examines decision-making in the EU's multilayered and polycentric constitutional structure through this lens.
The focus on separation of powers reveals how strong executive powers collaborate in the EU as a single source of public power, which is not sufficiently counterbalanced by parliaments or the judiciary. The collection explores 3 policy fields marked by crisis: the economic and monetary union (EMU), migration, and trade. Drawing on expertise from across these sectors, with a strong conceptual thread linking all the contributions, this important work illustrates how different branches of government co-determine each others' powers.
Contents
Part I: Conceptual Considerations
1. Introduction, Christina Eckes (Professor, University of Amsterdam, the Netherlands), Päivi Leino-Sandberg (Professor, University of Helsinki, Finland) and Anna W Ghavanini (Associate Professor, University of Gothenburg, Sweden)
2. From Separated Powers to Consensual Executive Government in the EU, Päivi Leino-Sandberg and Panu Minkkinen (Professor, University of Helsinki, Finland)
3. Federal Value Enforcement in a System of Separated Powers, Christoph Möllers (Professor, Humboldt-University Berlin, Germany)
Part II: The Relationship between the Legislature and the Executive
4. Lack of Inter-institutional Conflict in Readmission Policy: Assessing how the European Parliament and the European Ombudsman Engage with Executive Authorities, Davide Gnes (Postdoctoral Researcher, University of Amsterdam, the Netherlands) and Milka Sormunen (Postdoctoral Researcher, University of Helsinki, Finland)
5. Separation of Powers in the Making of the EU's 21st Century Trade Agreements, Laurens Ankersmit (Assistant Professor, University of Amsterdam, the Netherlands)
6. The European Commission as a Driver of EU Trade Policy: Executive Leadership by Technocratic Means, Piotr Krajewski (PhD Researcher, University of Amsterdam, the Netherlands)
7. Regulatory Cooperation Chapters as Fuzzy Law, Merijn Chamon (Professor of EU Law, Vrije Universiteit Brussel, Belgium)
Part III: The Relationship between the Judiciary and the Executive
8. Law as the Executive Likes It: How the European Court of Justice Accommodates the Executive in Migration's External Dimension, Martin Westlund (Doctoral Candidate, University of Gothenburg, Sweden)
9. Litigating Monetary Policy: The Limits are Ours, Antti Ronkainen (PhD Researcher, University of Helsinki, Finland)
10. Constitutional Courts as Part of Separated Powers in the Member States: From the Euro Crisis to the NGEU, Cristina Fasone (Assistant Professor, Luiss University, Rome, Italy)
11. Bolstering the Executive through Judicial Review: Diagonal Separation of Powers with Multilevel Effects in the Field of Migration, Anna W Ghavanini, Allison Östlund (Senior Lecturer, University of Gothenburg, Sweden), and Anna Waldenström (Senior lecturer, University of Gothenburg, Sweden)
12. Judicial Control of the European Union and the Member States' Trade and Investment Relations, Christina Eckes (Professor, University of Amsterdam, the Netherlands)
Part V: Cross-cutting Considerations
13. Separation of Powers Failures: The EU Expert-executive Nexus, Marta Morvillo (Assistant Professor, University of Amsterdam, the Netherlands)
14. Separation of Powers Within the EU Multi-layered System and the Challenges of Hybrid Executive Governance, Florin Coman-Kund (Assistant Professor, Erasmus University Rotterdam, the Netherlands)
15. Separation of Powers and the Role of National Constitutional Courts in the EU: German Lessons for Europe?, Nik de Boer (Associate Professor, University of Amsterdam, the Netherlands)
16. Conclusions, Christina Eckes (Professor, University of Amsterdam, the Netherlands), Päivi Leino-Sandberg (Professor, University of Helsinki, Finland) and Anna W Ghavanini (Associate Professor, University of Gothenburg, Sweden)
