Examining the growing issue of EU Member States' defiance in the face of EU law, this volume outlines the development and history of this crisis, and offers a theoretical and comparative analysis of the difficulties the EU is facing in their attempts to enforce Member State to comply with European integration, suggesting solutions for the future.
Prof. Andras Jakab is the Director of the Institute for Legal Studies at the Centre for Social Sciences of the Hungarian Academy of Sciences in Budapest where he holds a tenured research chair. He is also a Schumpeter Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg where he is currently leading a five-year project on comparative constitutional reasoning. His main research interests are legal theory (in particular theory of norms), EU constitutional law, constitutional theory and comparative constitutional law. He published around 80 law journal articles and his recent edited volumes include Comparative Constitutional Reasoning (with Arthur Dyevre and Giulio Itzcovich, Cambridge: CUP, forthcoming) and Ihe Transformation of the Hungarian Legal Order 1985-2005 (with Allan F. Tatham and Peter Takacs, The Hague: Kluwer Law International 2007). ; Prof. Dimitry Kochenov is a Visiting Professor and Law and Public Affairs Fellow at Princeton University (2015-2016) and holds a Chair of EU Constitutional Law at the University of Groningen, Faculty of Law. He is also a Visiting Professor at the College of Europe (Natolin campus). Professor Kochenov's research and teaching focuses on the development and evolution of the EU constitutional structures, EU citizenship, the protection of human rights in layered constitutional systems, and the principles of justice, equality and the rule of law in the context of European integration. He has published articles in several journals including International and Comparative Law Quarterly, and Cambridge Yearbook of European Legal Studies. His recent edited volumes include EU Citizenship and Federalism: The Role of Rights (Cambridge: CUP, forthcoming in 2016) and Europe's Justice Deficit? (with Grainne de Burca and Andrew Williams, Oxford: Hart Publishing, 2015)
Show moreExamining the growing issue of EU Member States' defiance in the face of EU law, this volume outlines the development and history of this crisis, and offers a theoretical and comparative analysis of the difficulties the EU is facing in their attempts to enforce Member State to comply with European integration, suggesting solutions for the future.
Prof. Andras Jakab is the Director of the Institute for Legal Studies at the Centre for Social Sciences of the Hungarian Academy of Sciences in Budapest where he holds a tenured research chair. He is also a Schumpeter Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg where he is currently leading a five-year project on comparative constitutional reasoning. His main research interests are legal theory (in particular theory of norms), EU constitutional law, constitutional theory and comparative constitutional law. He published around 80 law journal articles and his recent edited volumes include Comparative Constitutional Reasoning (with Arthur Dyevre and Giulio Itzcovich, Cambridge: CUP, forthcoming) and Ihe Transformation of the Hungarian Legal Order 1985-2005 (with Allan F. Tatham and Peter Takacs, The Hague: Kluwer Law International 2007). ; Prof. Dimitry Kochenov is a Visiting Professor and Law and Public Affairs Fellow at Princeton University (2015-2016) and holds a Chair of EU Constitutional Law at the University of Groningen, Faculty of Law. He is also a Visiting Professor at the College of Europe (Natolin campus). Professor Kochenov's research and teaching focuses on the development and evolution of the EU constitutional structures, EU citizenship, the protection of human rights in layered constitutional systems, and the principles of justice, equality and the rule of law in the context of European integration. He has published articles in several journals including International and Comparative Law Quarterly, and Cambridge Yearbook of European Legal Studies. His recent edited volumes include EU Citizenship and Federalism: The Role of Rights (Cambridge: CUP, forthcoming in 2016) and Europe's Justice Deficit? (with Grainne de Burca and Andrew Williams, Oxford: Hart Publishing, 2015)
Show moreAndrás Jakab and Dimitry Kochenov: Introductory Remarks
Part I: Theoretical Issues
1: Dimitry Kochenov: The Acquis and Its Principles: The Enforcement
of the 'Law' vs. the Enforcement of 'Values' in the European
Union
2: Giulio Itzcovich: On the Legal Enforcement of Values. The
Importance of the Institutional Context
3: Matej Avbelj: Pluralism and Systemic Defiance in the European
Union
Part II: Instruments and Methods: Established and Proposed
4: Laurence W. Gormley: Infringement proceedings
5: Pål Wennerås: Making Effective Use of Article 260 TFEU
6: Morten Broberg: Preliminary References as a Means for Enforcing
EU Law
7: Norbert Reich: Francovich Enforcement Analysed and Illustrated
by German (and English) Law
8: Leonard Besselink: The Bite, the Bark and the Howl: Article 7
TEU and the Rule of Law Initiatives
9: Fabian Amtenbrink and René Repasi: Compliance and Enforcement in
Economic Policy Coordination in EMU
10: KJ Cseres: Rule of Law Values in the Decentralized Public
Enforcement of EU Competition Law
11: Oana Stefan: Soft Law and the Enforcement of EU Law
12: Armin von Bogdandy, Carlino Antpöhler and Michael Ioannidis:
Protecting EU Values Reverse Solange and the Rule of Law
Framework
13: Jan-Werner Müller: A Democracy Commission of One's Own, or:
What it would take for the EU to safeguard Liberal Democracy in its
Member States
14: András Jakab: Application of the EU Charter in National Courts
in Purely Domestic Cases
Part III: Comparative Outlook
15: Dirk Hanschel: Enforcement of Federal Law against the German
Länder
16: Céline Romainville and Marc Verdussen: The Enforcement of
Federal Law in the Belgian Federal State
17: Alberto López-Basaguren: Regional Defiance and Enforcement of
Federal Law in Spain: The Claims for Sovereignty in the Basque
County and Catalonia
18: Mark Tushnet: Enforcement of National Law against Subnational
Units in the United States
19: Élisabeth Lambert Abdelgawad: The Enforcement of ECtHR
Judgments
20: Antonello Tancredi: Enforcing WTO Law
21: Irène Couzigou: Enforcement of UN Security Council Resolutions
and of International Court of Justice Judgments: The Unreliability
of Political Enforcement Mechanisms
22: Carlos Closa: Securing compliance with democracy requirements
in regional organisations
Part IV: Case Studies in the EU
23: Franz C. Mayer: Defiance by a Constitutional Court -
Germany
24: Jacques Ziller: Defiance for European Influence - the Empty
Chair and France
25: Konrad Lachmayer: Questioning the Basic Values - Austria and
Jörg Haider
26: Zoltán Szente: Challenging the Basic Values - The Problems of
the Rule of Law in Hungary and the Failure of the European Union to
Tackle Them
27: Michael Ioannidis: Weak Members and the Enforcement of EU
Law
28: Adam Lazowski: Inside but out? The United Kingdom and the
European Union
Prof. András Jakab is the Director of the Institute for Legal Studies at the Centre for Social Sciences of the Hungarian Academy of Sciences in Budapest; Professor in Constituional and European Law at Pázmány Péter Catholic University Budapest. Prof. Dimitry Kochenov is Chair in EU Constitutional Law, University of Groningen.
`"This well timed and wide-ranging book is a must read for anyone
interested in the question whether and how the European Union might
succeed as a community of values committed to the rule of
law."'
Professor Mattias Kumm, NYU School of Law and WZB Berlin Social
Science Research Center
`"This is a path-breaking contribution whose innovative
thought-provoking analysis will capture the readers within the
discussion of one of the key issues in Europe today: the protection
and enforcement of rule of law and other key values. A must for
anyone interested in possible future paths of law and values'
enforcement as well as the current state of the law."'
Gianni Buquicchio, President, Venice Commission for Democracy
through Law
`"Certain books deserve particular attention at moments of despair.
The current confusion in the EU is such a moment and this book is
the one that deserves the attention. It points to what responsible
politicians do not wish to admit: that the EU is devoid of
effective remedies to have its rules and values enforced."'
András Sajó, Hungarian Academy of Sciences
`"there is no doubt that the Jakab-Kochenov volume makes a
significant contribution to the on-going discussion. It
demonstrates the urgent need to find solutions for the values
crises in EU Member States by both exploring existing mechanisms
and proposing new ones"'
Matteo Bonelli, European Constitutional Law Review
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