Economic Governance in Europe

Author: Federico Fabbrini
Publisher: Oxford University Press
ISBN: 9780191065941
Release Date: 2016-01-28
Genre: Law

The Euro-Crisis and the legal and institutional responses to it have had important constitutional implications on the architecture of the European Union (EU). Going beyond the existing literature, Federico Fabbrini's book takes a broad look and examines how the crisis and its aftermath have changed relations of power in the EU, disaggregating three different dimensions: (1) the vertical relations of power between the member states and the EU institutions, (2) the relations of power between the political branches and the courts, and (3) the horizontal relations of power between the EU member states themselves. The first part of the book argues that, in the aftermath of the Euro-crisis, power has been shifting along each of these axes in paradoxical ways. In particular, through a comparison of the United States, Fabbrini reveals that the EU is nowadays characterized by a high degree of centralization in budgetary affairs, an unprecedented level of judicialization of economic questions, and a growing imbalance between the member states in the governance of fiscal matters. As the book makes clear, however, each of these dynamics is a cause for concern - as it calls into question important constitutional values for the EU, such as the autonomy of the member states in taking decision about taxing and spending, the preeminence of the political process in settling economic matters, and the balance between state power and state equality. The second part of the book, therefore, devises possible options for future legal and institutional developments in the EU which may revert these paradoxical trends. In particular, Fabbrini considers the ideas of raising a fiscal capacitiy, restoring the centrality of the EU legislative process, and reforming the EU executive power, and discusses the challenges that accompany any further step towards a deeper Economic and Monetary Union.

Legal Foundations of EU Economic Governance

Author: Antonio Estella
Publisher: Cambridge University Press
ISBN: 9781108599368
Release Date: 2018-08-31
Genre: Law

Since the economic crisis unfolded in 2008, the European Union economic governance framework has been profoundly transformed from a legal perspective. The EU has adopted new tools, institutions and rules to tackle the changes and is arguably better prepared to combat any future crises. This book analyses the basic legal framework of EU economic governance and considers the economic underpinnings which underlie legal institutions in this area. It uses analytical dialectics as a method of analysis and the paradigm of 'law as credibility' as the main model through which the substantive parts of EU economic governance are accounted for. Important issues such as access, exit and expulsion from the euro, the independence of the European Central Bank, the Stability and Growth Pact, bail-outs to member states, and the EU's economic strategy are addressed in a clear, critical and innovative way.

Fundamental Rights in Europe

Author: Federico Fabbrini
Publisher: Oxford University Press
ISBN: 9780198702047
Release Date: 2014-02
Genre: Law

The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe. The book adopts a comparative approach, and through a comparison with the federal system of the United States, it advances an analytical model that systematically explains the dynamics at play in the European multilevel human rights architecture. It identifies two recurrent challenges in the interplay between different state and transnational human rights standards - a challenge of ineffectiveness, when transnational law operates as a ceiling of protection for a specific human right, and a challenge of inconsistency when transnational law operates as a floor - and considers the most recenttransformations taking place in the European human rights regime. The book tests the model of challenges and transformations by examining in depth four case studies: the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. In light of these examples, the book then concludes by reassessing the main theories on the protection of fundamental rights in Europe and making the case for a new vision - a "neo-federal" theory - which is able to frame the dilemmas of identity, equality and supremacy behind the European multilevel architecture for the protection of human rights.

Beyond the Crisis

Author: Mark Dawson
Publisher: Oxford University Press
ISBN: 9780191067136
Release Date: 2015-12-10
Genre: Political Science

In the wake of the euro crisis, the European Union has been transformed in many ways. Is it now on the right track? The euro crisis, the steps taken to manage it, and the resulting transformations have triggered a necessary process of reconsidering economic governance in the European Union. This volume— the third in a series of annual editions tackling different aspects of governance— examines the long list of open political, legal, and economic questions related to the functioning and fundamental structure of the Union as a whole and the economic and monetary union in particular. Organised in three main sections, the contributions to this collection bring the perspectives of different academic disciplines to bear on the functional aspects of economic governance, the institutional transformations that have taken place, and their implications for the Union's legitimacy. A separate chapter looks at inequalities in perceptions of economic conditions and well-being within the European Union to identify trends particularly during the eurozone crisis. In doing so, the chapters in this volume take stock of the current situation, shed light on the dilemmas and challenges that must be recognised and addressed, and explore various options for the way ahead. The collection's ultimate goal is to assess whether the recent transformations lead EU governance in the right direction or require further adjustment.

Foreign Policy Objectives in European Constitutional Law

Author: Joris Larik
Publisher: Oxford University Press
ISBN: 9780191055980
Release Date: 2016-03-24
Genre: Law

Presenting the first comprehensive account of foreign policy objectives as a growing part of European constitutional law, Joris Larik confronts the trend of enshrining international ambitions in the highest laws of states and the European Union. Closely examining the provisions of foreign policy objectives, Larik differentiates their legal force and functions, situating them into the overall legal order of the state, the EU, and the composite 'European constitutional space'. He argues that the codification of foreign policy objectives suggests a progression in the evolution of the role of the constitution: from limiting public authority to guiding it towards certain goals, both at home and in the wider world. Advancing a comparative constitutional perspective for the study of EU external relations, this volume contributes a constitutional dimension to the 'normative power' debate in the study of EU foreign policy. Drawing on established national doctrines on constitutional objectives from Germany, France, and India, the book provides a common vocabulary for coming to terms with foreign policy objectives as legal norms across different jurisdictions. In the pluralist context and closely intertwined legal orders of the EU and its Member States, it shows how objectives help to channel the individual ambitions of the Member States through the Union framework towards a more coherent external action. Furthermore, the book connects its legal findings with the debate on the EU as an actor in international relations, exploring the role of these norms in inter-institutional struggles and processes of identity-shaping, legitimation, and socialization.

The Max Planck Handbooks in European Public Law Volume I The Administrative State

Author: Sabino Cassese
Publisher: Oxford University Press
ISBN: 9780191039829
Release Date: 2017-07-25
Genre: Reference

The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.

The Oxford Handbook of Swedish Politics

Author: Jon Pierre
Publisher: Oxford University Press
ISBN: 9780191643958
Release Date: 2015-12-17
Genre: Political Science

The Handbook of Swedish Politics provides a state of the art analysis of political development in Sweden. Covering all essential aspects of politics in Sweden, this volume provides detailed accounts of policy making, governance, institutional arrangements, foreign relations, electoral behavior, the party system, the public administration, the constitutional framework, and the welfare state. The Handbook shows how many of the features that once were exceptional to Sweden, for example, the welfare state, the consensual policy making, the historical compromise between capital and labor, and the dominance of social democracy, are less prominent today compared to a few decades ago although they are still certainly present. Global forces, increasing affluence, and an ideological shift towards neo-liberalism have contributed to making Sweden more of an average European industrialized democracy. The Handbook is divided into ten thematic Sections with four chapters and an Introduction in each Section. Thus, each theme is studied from different perspectives in order to provide the reader with a more multi-faceted picture of the political development in each theme.

The Oxford Handbook of Organizational Paradox

Author: Wendy K. Smith
Publisher: Oxford University Press
ISBN: 9780198754428
Release Date: 2017-09-14
Genre: Business & Economics

The notion of paradox dates back to ancient philosophy, yet only recently have scholars started to explore this idea in organizational phenomena. Two decades ago, a handful of provocative theorists urged researchers to take seriously the study of paradox, and thereby deepen our understanding of plurality, tensions, and contradictions in organizational life. Studies of organizational paradox have grown exponentially over the past two decades, canvassing varied phenomena, methods, and levels of analysis. These studies have explored such tensions as today and tomorrow, global integration and local distinctions, collaboration and competition, self and others, mission and markets. Yet even with both the depth and breadth of interest in organizational paradoxes, key issues around definitions and application remain. This handbook seeks to aid, engage, and fuel the expanding interest in organizational paradox. Contributions to this volume depict how paradox studies inform, and are informed, by other theoretical perspectives, while creating a resource that enables scholars to learn about and apply this lens across varied organizational phenomena. The increasing complexity, volatility, and ambiguity in our world continually surfaces paradoxical dynamics. Thus, this handbook offers insights to scholars across organizational theory.

The Question of Competence in the European Union

Author: Loïc Azoulai
Publisher: OUP Oxford
ISBN: 9780191015304
Release Date: 2014-02-20
Genre: Law

The classic debate surrounding the prolific role of the European Union in defining spheres of competence and power relationships has long divided scholarly opinion. However, in recent years, the long-standing acquiescence to the broad powers of the Union has given way to the emerging perception of a competence problem in Europe. For a long period it was taken for granted that the European Community could act whenever its action was justified on the basis of the widely interpreted objectives of the Treaties. However this context has since changed. There is a widespread perception of a competence problem in Europe and the overabundance of provisions limiting the Union's competences is one of the most obvious marks left by the Lisbon Treaty. This book discusses the extent to which the parameters of power throughout the Union and its Member States have been recast by the recent implementation of the Lisbon Treaty and doctrines developed by the European Court of Justice. Comprised of contributions from a vast array of leading practitioners and academics in the field of EU Law, this volume assesses the debate surrounding the political identity of the European Union, and further illustrates the relevance of the Federal theory of sharing competences for the development of EU Law. Finally, the question of new potential limits to Union's competence is addressed. If anything, this broad reflection on the notion of competence in the EU law context is a way of opening up the question of the nature and contours of the political identity of the European Union.

The Paradox of Constitutionalism

Author: Martin Loughlin
Publisher: Oxford University Press, USA
ISBN: 0199204969
Release Date: 2007
Genre: Law

In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to representative and expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.

The Eurozone Crisis

Author: Kaarlo Tuori
Publisher: Cambridge University Press
ISBN: 9781107056558
Release Date: 2014-01-09
Genre: Business & Economics

Comprehensive overview of the Eurozone crisis from a multidimensional constitutional perspective which incorporates the underlying economic assumptions and developments.

Power and Legitimacy

Author: Peter L. Lindseth
Publisher: Oxford University Press
ISBN: 9780199749898
Release Date: 2010-09-30
Genre: Law

A succession of crises has marked the last decade of European integration, leading to disorientation among integration scholars. Older frameworks for understanding have been challenged, while the outlines of new ones are only now beginning to emerge. This book looks to history to provide a more durable explanation of the nature and legitimacy of European governance going forward. Through detailed examination of certain fundamental but often overlooked elements in EU history, Peter Lindseth describes the convergence of European integration around the 'postwar constitutional settlement of administrative governance.' 'Administrative' here does not mean 'non-political' or 'technical'-it means that supranational regulatory authority should properly be seen as 'delegated' from national constitutional bodies. As such, supranational policymaking has relied to a significant degree on forms of oversight by national executives, legislatures, and judiciaries, following models of 'mediated legitimation' first developed in the administrative state and then translated into the European context. These national mechanisms developed specifically to overcome the core disconnect in European integration-between exercises of otherwise autonomous supranational regulatory 'power,' on the one hand, and the persistence of the nation-state as the primary source of democratic and constitutional 'legitimacy' in the European system, on the other. It has been through recourse to the legitimating structures and normative principles of the postwar constitutional settlement, this study shows, that European public law has sought to reconcile 'Europe' and the nation-state for more than fifty years.

50 Years of the European Treaties

Author: Michael Dougan
Publisher: Bloomsbury Publishing
ISBN: 9781847317223
Release Date: 2009-02-06
Genre: Law

The essays which appear in this work are based on the papers presented at a two-day conference held in Liverpool in July 2007 to celebrate the 50th anniversary of the signing of the Treaty of Rome establishing the EEC. The collection reflects critically upon some of the EU's historic characteristics and speculates imaginatively on some of the diverse challenges facing the Union in the future. Contributions from both established and emerging scholars of EU law and policy are united by two main themes: the paradox of the resilient yet unstable basis of the Union's constitutional fundamentals, and the ever-contested balance between the EU's core economic mission and its broader social values and aspirations. For any student, scholar or practitioner interested in the dynamic nature of the constitutional relationship between the Union and its Member States, and in the complex tensions underpinning the EU's substantive policies, these essays will be essential reading.

The Politics of Europeanization

Author: Kevin Featherstone
Publisher: OUP Oxford
ISBN: 0191530840
Release Date: 2003-06-05
Genre: Political Science

'The Politics of Europeanization' looks at the political aspects of European integration from the point of view of domestic politics. In doing so, it goes beyond the classic analysis of 'how policies are made in Brussels' and raises instead the question 'what is the power of Europe in national contexts?'. The questions at the heart of this volume are crucial both for our understanding of European integration and for their policy implications. What does Europeanization really mean? How can it be measured? How is the European Union affecting domestic politics and policies in member states and candidate countries? Is Europeanization an irreversible process? Does it mean convergence across Europe? How and why do differences remain? The contributors explain and question the 'power of Europe' by providing theoretical and empirical perspectives on domestic politics and institutions, government and administration, public policies, political actors and business groups. The volume contains a new research agenda for the nascent literature on Europeanization.

Prime Ministers in Greece

Author: Kevin Featherstone
Publisher: OUP Oxford
ISBN: 9780191026706
Release Date: 2015-07-09
Genre: Political Science

This book is concerned with a large question in one small, but highly problematic case: how can a prime minister establish control and coordination across his or her government? The Greek system of government sustains a 'paradox of power' at its very core. The Constitution provides the prime minister with extensive and often unchecked powers. Yet, the operational structures, processes and resources around the prime minister undermine their power to manage the government. Through a study of all main premierships between 1974 and 2009, Prime Ministers in Greece argues that the Greek prime minister has been 'an emperor without clothes'. The costs of this paradox included the inability to achieve key policy objectives under successive governments and a fragmented system of governance that provided the backdrop to Greece's economic meltdown in 2010. Building on an unprecedented range of interviews and archival material, Featherstone and Papadimitriou set out to explore how this paradox has been sustained. They conclude with the Greek system meeting its 'nemesis': the arrival of the close supervision of its government by the 'Troika' - the representatives of Greece's creditors. The debt crisis challenged taboos and forced a self-reflection. It remains unclear, however, whether either the external strategy or the domestic response is likely to be sufficient to make the Greek system of governance 'fit for purpose'.