What's Left of the Law of Integration? - Decay and Resistance in European Union Law
BAQUERO CRUZ Julio
Description du produit
- Catégories: Intégration Européenne
- Editeur: OUP - Oxford University Press
- ISBN: 9780198830610
- Date de publication: 24/08/2018
- Reliure : Relié
- Nombre de page : 224
- Langue: Anglais
Résumé
Born from the ashes of the Second World War as one of the most ambitious
and successful parts of the plan for the reconstruction of Western
Europe, European integration has been immersed in a deep economic and
institutional crisis for more than a decade. This difficult situation is
also threatening to erode one of its most original and valuable
elements: the establishment of a supranational rule of law among the
Member States of the European Union that provides a solid framework for
their peaceful, ordered, and fair relations.
This book, which is
based on the general course given at the Academy of European Law in
Florence in July 2015, puts the innovative initial choices made by the
drafters of the Treaties and by the Court of Justice of the Union in
their proper historical perspective, understanding Union law as a tool
of civilisation. Its current decline is explained as a consequence of
the waning of the initial impetus behind integration, of the growing
complexity and challenges of the Union system, and of the ambivalent
attitude of the Member States regarding their common creation.
These
themes are explored focusing on a number of fundamental structural
issues: the principle of primacy, the national limits to it and the
theory of constitutional pluralism; the state of health of the
preliminary rulings procedure; Union citizenship, equality and human
dignity; the scope of the Charter of Fundamental Rights and the standard
of protection of those rights; and the rigidity and fragmentation of
the Union system in connection with the increasing use of international
law as a softer alternative to Union law.
In all these areas, the
book presents a fascinating story of decay and resistance, a story that
is unfolding at present, and whose fate is closely linked to the future
political shape of Europe.
Table des matières
1: Some Things Pierre Pescatore Told Me
2: Law after Auschwitz
3: Against Constitutional Pluralism
4: The Preliminary Rulings Procedure: Cornerstone or Broken Atlas?
5: Partial Eclipse of Union Citizenship: From Grzelczyk to Dano
6: Fundamental Rights and the Integrity of Union Law
7: Rigidity, Fragmentation and the Allure of International Law
8: Concluding Thoughts