The enforcement of EU law and values. Ensuring member states’ compliance

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Publication Date 2017
ISBN 978-0-19-874656-0
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It is clear that the current crisis of the EU is not confined to the eurozone and the EMU, evidenced in its inability to ensure the compliance of member states to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the rule of law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, this volume dissects the essence of this crisis, examining its history and offering coping methods for the years to come.

Defiance is not a new concept and the book explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy, the Luxembourg compromise, and the FPÖ crisis in Austria – and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history.

Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.


  1. The acquis and its principles: The enforcement of the 'law' versus the enforcement of 'values' in the EU | Dimitry Kochenov
  2. On the legal enforcement of values: the importance of the institutional context | Giulio Itzcovich
  3. Pluralism and systemic defiance in the EU | Matej Avbelj
  4. Infringement proceedings | Laurence W. Gormley
  5. Making effective use of Article 260 TFEU | Pål Wennerås
  6. Preliminary references as a means for enforcing EU law | Morten Broberg
  7. Francovich enforcement analysed and illustrated by German (and English) law | Norbert Reich
  8. The bite, the bark and the howl: Article 7 TEU and the rule of law initiatives | Leonard Besselink
  9. Compliance and enforcement in economic policy coordination in EMU | Fabian Amtenbrink and René Repasi
  10. Rule of law values in the decentralized public enforcement of EU competition law| Katalin J. Cseres
  11. Soft law and the enforcement of EU law | Oana Ștefan
  12. Protecting EU values: reverse Solange and the rule of law framework | Armin von Bogdandy, Carlino Antpöhler and Michael Ioannidis
  13. A democracy commission of one's own, or what it would take for the EU to safeguard liberal democracy in its member states | Jan-Werner Müller
  14. Application of the EU CFR in national courts in purely domestic cases | András Jakab
  15. Enforcement of federal law against the German Länder | Dirk Hanschel
  16. The enforcement of federal law in the Belgian federal state | Céline Romainville and Marc Verdussen
  17. Regional defiance and enforcement of federal law in Spain: the claims for sovereignty in the Basque County and Catalonia | Alberto López-Basaguren
  18. Enforcement of national law against subnational units in the US | Mark Tushnet
  19. The enforcement of ECtHR judgments | Élisabeth Lambert Abdelgawad
  20. Enforcing WTO law | Antonello Tancredi
  21. Enforcement of UN Security Council resolutions and of ICJ judgments: the unreliability of political enforcement mechanisms | Irène Couzigou
  22. Securing compliance with democracy requirements in regional organizations | Carlos Closa
  23. Defiance by a Constitutional Court – Germany | Franz C. Mayer
  24. Defiance for European influence – the Empty Chair and France | Jacques Ziller
  25. Questioning the basic values – Austria and Jörg Haider | Konrad Lachmayer
  26. Challenging the basic values – the problems of the rule of law in Hungary and the failure of the European Union to tackle them | Zoltán Szente
  27. Weak members and the enforcement of EU law | Michael Ioannidis
  28. Inside but out? The UK and the EU | Adam Łazowski
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