Full Description
This new text in the Law in Focus series offers a distinctive focus on the public, constitutional law of the EU, treating this not as a set of formalist procedures, but relating it to underlying principles e.g. in terms of democracy, transparency , accountability and respect for individual rights. The book incorporates a critical assessment of the institutions and constitutional law of the EU and the part they play in the democratic process, an investigation of the member states, and the political ramifications of this relationship. An overriding objective of the book is to present EU law as a rather more exciting and engaging subject than often presented, locating it much more in its historical and political context than other works.
Contents
PrefaceTable of CasesTable of LegislationTable of TreatiesPART ONE: STRUCTURES1. The European Union in Search of an Identity2. Institutional Structures: Legislative and Executive3. Law Making and Democracy in the EU4. The Division of Powers Between the Community and Member States: Embryonic FederalismPART TWO: THE EUROPEAN COURTS, THE NATIONAL COURTS AND CONSTITUTION1. The European Courts: Law, Policy and Judicial Activism 2. Preliminary References Under Article 234: Cooperative Partnership or Proto-Federalism? 3. Supremacy, Sovereignty and Pluralism 4. Direct Effect: Foundation of the Constitutional Order? 5. Remedies in the National Courts: The Effectiveness of EC Law on TrialPART THREE: DIRECT ACTIONS: A LACK OF INDIVIDUAL JUSTICE?1. Controlling the Community Institutions: Judicial Review2. Controlling the Community Institutions: Actions for Damages3. Controlling the Member of StatesPART FOUR: THE DEVELOPING CONSTITUTION 1. The EU and Human Rights2. In search of Union Citizenship3. A Constitution for Europe?