基本説明
The first half of the book focus on domestic federalisation processes, and the second half of the book addresses whether the EU itself can be described as a federal system.
Full Description
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
PART I: FEDERALISM IN THE EU'S CONSTITUTIONAL STRUCTURE
1. EU Federalism in 3-D
Koen Lenaerts
2. Federalism and Jurisdiction
Pavlos Eleftheriadis
3. Federalism, the EU and International Law: On the Possible (and Necessary) Role of Subsidiarity in Legitimate
Multilevel Trade Governance
Alexia Herwig
4. The Court of Justice as a Federal Constitutional Court: A Comparative Perspective
Monica Claes and Maartje de Visser
5. The Dual System of Rights Protection in the European Union in Light of US Federalism
Aida Torres Pérez
6. Federalism and International Relations in the European Union and the United States: A Comparative Outlook
Geert De Baere and Kathleen Gutman
PART II: EU LAW AND MEMBER STATE FEDERALISM
7. European Ties that Bind: Political or Cultural?
Helder De Schutter
8. Does EU Decision-Making Take into Account Regional Interests?
Piet Van Nuffel
9. The Role of Sub-State Entities in the EU Decision-Making Processes: A Comparative Constitutional Law Approach
Nikos Skoutaris
10. Autonomous Constitutional Regions in a Federal Europe
Joxerramon Bengoetxea
11. The European Court of Justice and the Devolution of Taxation Powers
Suzanne Kingston
12. The Impact of EU Law on the Devolution of Social Powers in the Member States
Herwig Verschueren
13. EU Law and Language Regulation in (Quasi-)Federal Member States
Elke Cloots and Stefan Sottiaux
14. The European Court of Justice and Member State Federalism: Balancing or Categorisation?
Elke Cloots
15. The Impact of 'Regional Blindness' on the Italian Regional State
Giuseppe Martinico
16. The Spanish State Structure and EU Law: The View of the Spanish Constitutional Court
Maite Zelaia Garagarza
17. Economic and Monetary Union: Caught between Brussels and Luxembourg? The Influence of EU Law
on Belgian Federalism Case Law
Stef Feyen
