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Summary:
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.
Contents:
- The acquis and its principles: The enforcement of the 'law' versus the enforcement of 'values' in the EU | Dimitry Kochenov
- On the legal enforcement of values: the importance of the institutional context | Giulio Itzcovich
- Pluralism and systemic defiance in the EU | Matej Avbelj
- Infringement proceedings | Laurence W. Gormley
- Making effective use of Article 260 TFEU | Pål Wennerås
- Preliminary references as a means for enforcing EU law | Morten Broberg
- Francovich enforcement analysed and illustrated by German (and English) law | Norbert Reich
- The bite, the bark and the howl: Article 7 TEU and the rule of law initiatives | Leonard Besselink
- Compliance and enforcement in economic policy coordination in EMU | Fabian Amtenbrink and René Repasi
- Rule of law values in the decentralized public enforcement of EU competition law| Katalin J. Cseres
- Soft law and the enforcement of EU law | Oana Ștefan
- Protecting EU values: reverse Solange and the rule of law framework | Armin von Bogdandy, Carlino Antpöhler and Michael Ioannidis
- 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
- Application of the EU CFR in national courts in purely domestic cases | András Jakab
- Enforcement of federal law against the German Länder | Dirk Hanschel
- The enforcement of federal law in the Belgian federal state | Céline Romainville and Marc Verdussen
- Regional defiance and enforcement of federal law in Spain: the claims for sovereignty in the Basque County and Catalonia | Alberto López-Basaguren
- Enforcement of national law against subnational units in the US | Mark Tushnet
- The enforcement of ECtHR judgments | Élisabeth Lambert Abdelgawad
- Enforcing WTO law | Antonello Tancredi
- Enforcement of UN Security Council resolutions and of ICJ judgments: the unreliability of political enforcement mechanisms | Irène Couzigou
- Securing compliance with democracy requirements in regional organizations | Carlos Closa
- Defiance by a Constitutional Court – Germany | Franz C. Mayer
- Defiance for European influence – the Empty Chair and France | Jacques Ziller
- Questioning the basic values – Austria and Jörg Haider | Konrad Lachmayer
- 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
- Weak members and the enforcement of EU law | Michael Ioannidis
- Inside but out? The UK and the EU | Adam Łazowski
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