The European Union legal order after Lisbon

Contents:

PART I: THE FUTURE OF THE EUROPEAN UNION LEGAL AND POLITICAL ORDER
1. The Future of European Public Law - Jürgen Schwarze
2. The Future of the European Order - John Erik Fossum
3. The EU and Global Administrative Law - Jean-Bernard Auby
4. Governance and Constitutionalism in the European Order - Agustín José Menéndez

PART II: THE FUTURE OF REGULATION
5. Legal Control of Regulatory Bodies: Principle, Policy and Teleology - Paul Craig
6. EU Financial Regulation: From Harmonization to the Birth of EU Federal Financial Law - Takis Tridimas
7. The State, Competition and Public Service - Chris Bovis
8. Regulating Media Markets: The Need for Subsidiarity and Clarity of Principle - Mike Feintuck & Mike Varney

PART III: CITIZENSHIP AND HUMAN RIGHTS
9. EU Law’s Fundamental Rights Regime and Post-National Constitutionalism: Kadi’s Global Setting - Gordon Anthony
10. Citizenship and European Democracy: European Constitution and the Treaty of Lisbon - Massimo La Torre
11. The European Asylum Policy: Myth and Reality - Diana Urania Galetta
12. Transparency and Access to Documents - Patrick Birkinshaw

PART IV: CONSTITUTIONAL AND LEGAL PRINCIPLES IN AN UNCERTAIN ORDER
13. Multilevel Governance and Executive Federalism: Comparing Germany and the European Union - Jacques Ziller
14. The Role of European Judges in an Era of Uncertainty - John Bell
15. The Esoteric Dimension of Constitutional Pluralism: EU’s Internal Constitutional Sub-units and the Non-symbolic Cumulative Constitution - Constantinos Kombos

After a variety of stumbling blocks and false starts, the Treaty of Lisbon is now in force, despite the widespread instability let loose in the last two years as protectionism reared its terrified head in many EU Member States and nationalisation and massive state support for the national banking sector became panaceas for the global financial drama. Nonetheless, forces are still at large that seem to threaten the basic freedoms of the Union and to undermine the future of the common market. Given these circumstances, in June 2009 the Institute of European Public Law of the University of Hull assembled a range of experts in relevant fields to offer papers and reach some consensus on what has been achieved in the EU legal order and what the future holds for that order given local tensions and global uncertainty. This remarkable volume reprints those papers. Sixteen well-known scholars in European law and politics present insightful (and sometimes provocative) studies in such areas as the following:

• the future of European Public Law and its limits;
• the future of the European order;
• the EU and global administrative law;
• European law between constitutionalism and governance;
• legal control of regulatory bodies;
• reforms in financial and banking regulation;
• competition and public services;
• regulating media markets;
• the EU human rights regime;
• citizenship and European democracy;
• asylum policy;
• EU transparency and access to documents;
• accountability in a separation of powers context;
• the role of European judges;
• constitutional pluralism in the EU.

An authoritative appraisal of challenges facing the process of ‘Europeanization’ at a time of considerable uncertainty for the European Union and its legal order, this volume examines the present state of development of different areas of European law and reflects on the future for these areas in the light of the impasse on constitutional and legal reform and their eventual resolution. As such it will prove to be highly relevant to current and future debates in this area and should be of considerable interest to scholars in European law, politics and allied fields.

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