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Author: Herwig C.H. Hofmann
Publisher: Edward Elgar Publishing
ISBN: 1788978307
Category : Law
Languages : en
Pages : 352
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Book Description
Demonstrating the ways in which the micro and macro-economic constitutions of Europe have reacted to legal measures enacted to counter the economic crisis of the past decade, this innovative book takes an interdisciplinary approach in its attempt to understand and portray the metamorphosis of the European Economic Constitution. It contains contributions from leading scholars and experts in European economic law, discussing the challenges, solutions found, problems arising and possible approaches to embed the economic constitution in the broader constitutional framework of the EU. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}
Author: Herwig C.H. Hofmann
Publisher: Edward Elgar Publishing
ISBN: 1788978307
Category : Law
Languages : en
Pages : 352
Get Book Here
Book Description
Demonstrating the ways in which the micro and macro-economic constitutions of Europe have reacted to legal measures enacted to counter the economic crisis of the past decade, this innovative book takes an interdisciplinary approach in its attempt to understand and portray the metamorphosis of the European Economic Constitution. It contains contributions from leading scholars and experts in European economic law, discussing the challenges, solutions found, problems arising and possible approaches to embed the economic constitution in the broader constitutional framework of the EU. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}
Author: Clemens Kaupa
Publisher: Bloomsbury Publishing
ISBN: 1509901094
Category : Law
Languages : en
Pages : 400
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Book Description
This monograph intervenes in the long-standing and controversial debate on the socio-economic orientation of the European Union. Arguing that the European economic constitution is pluralist in the sense that it does not favour any specific socio-economic paradigm, it shows that European law allows the pursuit of very different regulatory projects by the European and the national legislators. This pluralist character of the European economic constitution stands in an uncomfortable relationship with the policies currently pursued by the European Union, which are often neoliberal in their orientation. The book takes an interdisciplinary approach: it analyses the Treaty on the Functioning of the European Union as interpreted and developed in the case law of the Court of Justice, its history, and its regulatory purpose in the light of conflicting socio-economic paradigms. By challenging the orthodoxy, the book makes a bold proposition that will likely resonate in both European economic law scholarship and European law in general. With the ongoing economic crisis triggering a significant interest in economic questions among legal scholars it is particularly timely and topical.
Author: Herwig C.H. Hofmann
Publisher:
ISBN:
Category :
Languages : en
Pages : 21
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Book Description
The current times of constitutional transformation in the EU place the following question on the agenda: Is the ongoing economic crisis demarcating the end of the original conception of a 'European Economic Constitution' as it has developed since the early days of the EEC? Or are we witnessing simply a shift towards a new more encompassing model of an EU 'Economic Constitution' in which economic government and economic governance tools are used in parallel to deepen integration and continue the spill-over of economic integration into previously national policies? This contribution traces and evaluates conceptual, regulatory, institutional and legitimacy-related changes and challenges to the EU's model of the 'Economic Constitution' as the basic EU legal framework governing economic policy. This chapter argues that the EU's constitutional framework in the form of the existing Treaties and General Principles of EU law did not provide an adequate legal framework to cope with the ongoing crisis. This failure has, in our view, initiated an ongoing transformation of the EU's 'Economic Constitution' as we know it. Laying the foundations for the transformation took place in several consecutive steps mostly on the intergovernmental level and often as a combination of EU law, public international law and in some cases mixed with private law instruments. The nature of this evolution creates challenges with regard to ensuring compliance of these newly developed structures with the Union's foundational principles of ensuring transparency, democratic legitimacy, fundamental rights and effective review mechanisms in the context of a system under the rule of law. In order to illustrate the modes of the continuous transformation of the 'Economic Constitution' and to evaluate the direction it is taking, this chapter will start with tracing its origins and follow its evolution over time. It thereby distinguishes two separate but interlinked elements of the 'Economic Constitution.' It first looks at the original focus of European regulation regarding what we refer to as 'micro-economic' matters with policies including competition law and the control of state aids. This chapter then turns to the evolving focus of EU law the larger questions of economic and fiscal policies which we refer to in the following as the 'macro-economic' element of the constitutional framework.
Author: Frederik Behre
Publisher: Kluwer Law International B.V.
ISBN: 9403541261
Category : Law
Languages : en
Pages : 527
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Book Description
EU fiscal integration is indispensable to establishing a stable single currency in the long run. However, this integration is proving ever more difficult in light of increasing national constitutional opposition. The author of this groundbreaking book shows that this dilemma between EU fiscal integration and national constitutional limits can be refuted. He provides a structured, comparative overview and outlook on how the available national constitutional space can be adapted to the political aspirations aiming at implementing EU fiscal integration steps while at the same time effectively protecting the national constitutional values at stake. Beginning with a macro-comparative assessment of Finland and Germany – two countries which have comprehensively dealt with Eurocrisis-issues in largely contrasting constitutional ways – and continuing with a comparative assessment of the specific French, German, Polish, and Spanish constitutional (identity) limits, EU fiscal integration steps are tested against the charted national constitutional space to determine their attainability. The resulting overview identifies best practices that can be employed to locate constitutional space for EU fiscal integration while enhancing the protection of core constitutional principles. The analysis addresses such specific areas as the following: constitutional red-line limits vs. flexible or mutable constitutional approaches to EU fiscal integration; strict constitutional identity limits that formulate obstacles to the attainment of EU fiscal integration; how national constitutional authorities perceive and portray the EU in their respective approaches; integration measures as an increase in the impact of sovereign powers vs. loss of autonomous decision-making; application of national constitutional frameworks during the Eurocrisis; ex ante constitutional review and ex post judicial scrutiny in representative Member States; national budgetary responsibility and fiscal autonomy; emergency budgetary instruments; and funding options for fiscal integration. The analysis throughout highlights the important role EU integration plays in stabilizing core national constitutional values in light of such complex challenges as the COVID-19 pandemic, the current Russian war of aggression against Ukraine and the required common defence strategies, but also climate change and digitalization. In its innovative response to the urgent challenge of feasible EMU reforms to stabilize the euro, this book displays how national constitutional systems can address EU (fiscal) integration in a more flexible and yet more effective manner, how EU integration steps can engage with national constitutional concerns in a more structured manner, as well as specifically hownational parliaments can be integrated and play a decisive role even when budgetary and fiscal powers are conferred at the EU level, thereby identifying a future model for EU cooperation in politically important competence areas. It thus offers a constructive outlook on achievable fiscal integration steps which will prove of inestimable value to lawyers, judges, and policymakers at the national and EU levels.
Author: González Pascual, Maribel
Publisher: Edward Elgar Publishing
ISBN: 1839105259
Category : Law
Languages : en
Pages : 239
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Book Description
This thought-provoking book examines the state of the European Monetary Union (EMU) and its shortcomings in terms of social rights protection in the context of the COVID-19 pandemic and the aftermath of the Euro crisis. Providing a critical analysis of the basic tenets of European economic governance, it highlights current challenges for a Social Europe and proposes new avenues for tackling these issues.
Author: Francesco de Cecco
Publisher: Bloomsbury Publishing
ISBN: 1782250514
Category : Law
Languages : en
Pages : 141
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Book Description
Recent years have seen the rise of EU State aid law as a crucial component of the European economic constitution. To date, however, the literature has neglected the contribution of this area of EU law to the internal market. This book seeks to fill this gap in our understanding of the economic constitution by exploring the significance of State aid law in addressing questions that go to the core of the internal market project. It does so by examining the case law relating to three different activities that Member States engage in: market participation, market regulation, and funding for Services of General Economic Interest. Each of these areas offers insights into fundamental questions surrounding the economic constitution, such as the separation between the State and the market, the scope for Member States to engage in regulatory competition, and the tension between market and nonmarket concerns.
Author: Silvia Rainone
Publisher: Kluwer Law International B.V.
ISBN: 9403530065
Category : Law
Languages : en
Pages : 371
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Book Description
In an unresolved ongoing debate, the Court of Justice of the European Union (CJEU) is often included among the institutional actors responsible for the declining condition of labour law in Europe. Has its case law been more protective of employers’ interests than of workers’ rights? This innovative book greatly enhances the discussion by bringing to light the judicial lawmaking logic, other than those pertaining to the balancing of social and business values, that drive the CJEU’s reasoning in its interpretation of the labour law provisions enshrined in the European Union (EU) law, with particular attention to the directive on transfer of undertakings. Addressing fundamental issues – such as uneven bargaining power, labour as a commodity, coexistence of workers’ rights and the market economy – in the context of judicial lawmaking, the author clearly defines the tensions at work: What normative models underlie the approaches of EU institutional policymakers with respect to labour law? Does the CJEU have its own vision of the socioeconomic model to which the Union should adhere? How does the CJEU’s interpretative approach stand in relation to the transformation processes that regulators impose on labour law? Is the CJEU particularly attentive to the preferences expressed by national governments, especially those from the most politically influential states, or rather reflect the political pressure of the European Commission? What is the role of trans-judicial dynamics in shaping the CJEU’s reasoning in labour law cases? The study is extraordinarily thorough, drawing on a wide range of policy documents, scholarly and doctrinal research, and the entire body of the CJEU’s case law on transfer of undertakings. The legal arguments that the CJEU has developed over the years are mapped and classified according to their affinity with the labour law functions that underlie them. With its comprehensive assessment of the normative implications of EU policymaking in the labour and social domains, its thorough exploration of the CJEU’s judicial lawmaking dynamics, and its extensive empirical legal analysis of the CJEU’s case law on transfer of undertakings, the book has no peers in revealing the forces that guide the CJEU’s decisions in the realm of labour law. Of particular value to scholars and researchers interested in EU social policies and constitutional law, the book will also prove of immeasurable value to labour law practitioners aiming to use the case law of the CJEU, as well as to in-house counsel, industrial relation specialists, and trade unionists.
Author: Markus W. Gehring
Publisher: Cambridge University Press
ISBN: 1108487963
Category : Law
Languages : en
Pages : 439
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Book Description
European constitutionalisation has met with scepticism - this book analyses the steps necessary to move to EU's 'Second Constitution'.
Author: Mark Tushnet
Publisher: Edward Elgar Publishing
ISBN: 1839101644
Category : Law
Languages : en
Pages : 777
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Book Description
This Research Handbook deals with the politics of constitutional law around the world, using both comparative and political analysis, delivering global treatment of the politics of constitutional law across issues, regions and legal systems. Offering an innovative, critical approach to an array of key concepts and topics, this book will be a key resource for legal scholars and political science scholars. Students with interests in law and politics, constitutions, legal theory and public policy will also find this a beneficial companion.
Author: Stefano Giubboni
Publisher: Cambridge University Press
ISBN: 1139447785
Category : Law
Languages : en
Pages : 266
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Book Description
This is an account of the development of European labour and social security law as it interrelates with the evolution of market integration in the European Union. Giubboni presents, from a labour law perspective, a case study of the changes the European Community/European Union has undergone from its origins to the present day and of the ways these changes have affected the regulation of European Welfare States at national level. Drawing on the idea of 'embedded liberalism', Giubboni analyses the infiltration of EC competition and market law into national systems of labour and social security law and provides a normative framework for conceptualising the transformation of regulatory techniques implemented at the EU level. This important, interdisciplinary contribution to research in EU social law illustrates how the vision of social protection and solidarity is changing.