Full Description
Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose.
Students and scholars will find this original Handbook to be an invaluable resource, particularly due to its focus on topics for future discussion. Researchers and policy-makers will also benefit from the points raised in this book.
Contributors include: F. Amtenbrink, M. Avbelj, M. Bobek, S. Blockmans, A.B. Capik, T. Capeta, M. Claes, D. Curtin, A. Cygan, B. de Witte, M. Everson, K. Gutman, M. Hillebrandt, S.L. Kaleda, M. Kuijer, A. Lazowski, J. Mendes, A. Sikora, K. van Duin, E. Vos
Contents
Introduction
Adam Łazowski and Steven Blockmans
PART I FOUNDATIONS, COMPETENCES AND ACTORS
1. Constitutional Foundations and EU Institutional Framework: Six Years of Working with Lisbon Reform
Adam Łazowski and Steven Blockmans
2. Competences: Codification and Contestation
Monica Claes and Bruno De Witte
3. New Dynamics in EMU Decision-making in the Wake of the European Financial and Sovereign Debt Crisis
Kees van Duin and Fabian Amtenbrink
4. National Parliaments as Guardians of the Principle of Subsidiarity
Adam Cygan
5. European Agencies: What about the Institutional Balance
Michelle Everson and Ellen Vos
PART II DEMOCRACY AND FUNDAMENTAL RIGHTS
6. The Democratic Foundations of the Union: Representative Democracy, Complementarity and the Legal Challenge of Article 11 TEU
Joana Mendes
7. Transparency in the EU: Constitutional Overtones, Institutional Dynamics and the Escape Hatch of Secrecy
Deirdre Curtin and Maarten Hillebrandt
8. Fundamental Rights Protection in the Legal order of the European Union
Martin Kuijer
PART III: JUDICIAL ARCHITECTURE
9. EU Judiciary in Need of Reform?
Tamara Ćapeta
10. Judicial Review in EU law: A Post-Lisbon Perspective
Saulius Lukas Kalėda
11. Financial Penalties for Non-execution of Judgments of the Court of Justice
Alicja Sikora
12. The Court of Justice, the National Courts, and the Spirit of Cooperation: between Dichtung and Warheit
Michal Bobek
PART IV ENFORCEMENT OF EU LAW
13. Five Decades Since Van Gend and Costa Came to Town: Primacy and Indirect Effect Revisited
Agata B. Capik
14. National Procedural Autonomy: Concept, Practice and Theoretical Queries
Matej Avbelj
15. Liability for Breach of EU Law by the Union, Member States and Individuals: Damages, Enforcement and effective Judicial Protection
Kathleen Gutman
Conclusions
Adam Łazowski and Steven Blockmans
Index
