The Enforcement of EU Law and Values Ensuring Member States' Compliance

by Jakab, András; Kochenov, Dimitry

• ISBN13: 9780198746560
• ISBN10: 0198746563
• eBook ISBN(s): 9780191063510
• Format: Hardcover
• Copyright: 2017-05-09
• Publisher: Oxford University Press

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, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, 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 this volume explores the richness of EU-level and national-level examples of historical defiance - the French empty chair policy, the Luxembourg compromise, and the FPO 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.

Author Biography

Andras Jakab, Director of the Institute for Legal Studies at the Centre of Social Sciences of the Hungarian Academy of Sciences, Budapest; Schumpeter Fellow, Max Planck Institute for Comparative Public Law and International Law, Heidelberg, ,Dimitry Kochenov, Visiting Professor and LAPA Fellow, Princeton University; Professor of EU Constitutional Law, University of Groningen; Visiting Professor, College of Europe,

Prof. Andras Jakab is the Director of the Institute for Legal Studies at the Centre for Social Sciences of the Hungarian Academy of Sciences in Budapest where he holds a tenured research chair. He is also a Schumpeter Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg where he is currently leading a five-year project on comparative constitutional reasoning. His main research interests are legal theory (in particular theory of norms), EU constitutional law, constitutional theory and comparative constitutional law. He published around 80 law journal articles and his recent edited volumes include Comparative Constitutional Reasoning (with Arthur Dyevre and Giulio Itzcovich, Cambridge: CUP, forthcoming) and Ihe Transformation of the Hungarian Legal Order 1985-2005 (with Allan F. Tatham and Peter Takacs, The Hague: Kluwer Law International 2007).


Prof. Dimitry Kochenov is a Visiting Professor and Law and Public Affairs Fellow at Princeton University (2015-2016) and holds a Chair of EU Constitutional Law at the University of Groningen, Faculty of Law. He is also a Visiting Professor at the College of Europe (Natolin campus). Professor Kochenov's research and teaching focuses on the development and evolution of the EU constitutional structures, EU citizenship, the protection of human rights in layered constitutional systems, and the principles of justice, equality and the rule of law in the context of European integration. He has published articles in several journals including International and Comparative Law Quarterly, and Cambridge Yearbook of European Legal Studies. His recent edited volumes include EU Citizenship and Federalism: The Role of Rights (Cambridge: CUP, forthcoming in 2016) and Europe's Justice Deficit? (with Grainne de Burca and Andrew Williams, Oxford: Hart Publishing, 2015)

Table of Contents

1. Introduction: The Multitude of Ways to Cope with Defiance?, Andras Jakab and Dimitry Kochenov
Part I: Theoretical Issues
2. Pluralism and Systemic Defiance in the European Union, Matej Avbelj
3. The Legitimacy of Enforcement against Member States, Mattias Kumm
4. The Enforcement of the Law vs. the Enforcement of Values, Dimitry Kochenov
5. Adjudication on Laws and Adjudication on Values, Giulio Itzcovich
Part II: Instruments and Methods
6. Enforcement Initiated by Institutions or Member States, Laurence Gormley
7. Making Effective Use of Article 260 TFEU, Pal Wenneras
8. Preliminary References as a Means for Enforcing EU Law, Morten Broberg
9. Francovich Enforcement Analysed and Illustrated by German (and English) Law, Norbert Reich
10. Enforcement of Soft Law, Oana Fleury-Gobert Stefan
11. The Bite, the Bark, and the Howl: Article 7 TEU and the Rule of Law Initiatives, Leonard Besselink
12. EU Law Enforcement and the EMU, Fabian Amtenbrink
13. Reverse Solange and Systemic Deficiency, Armin von Bogdandy, Michael Ioannidis, Carlino Antpohler
14. 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 Muller
15. Supremacy of the EU Charter in National Courts in Purely Domestic Cases, Andras Jakab
Part III: Comparative Outlook
16. Enforcement of Federal Law against the German Lander, Dirk Hanschel
17. Enforcement of National Law against Subnational Units in the United States, Mark Tushnet
18. Enforcement of Federal Law in Belgium, Marc Verdussen and Celine Romainville
19. Defiance of Spanish Law by the Catalan and Basque Governments, Alberto Lopez Basaguren
20. WTO Law Enforcement, Antonello Tancredi
21. Enforcement of ECtHR Judgments, Elisabeth Lambert Abdelgawad
22. Enforcement of ICJ Judgments and UN Security Council Resolutions, Irene Couzigou
23. The Protection of Democracy in Regional and International Organisations, Carlos Closa
Part IV: Case Studies in the EU
24. Defiance for European Influence - the Empty Chair and France, Jacques Ziller
25. Defiance as Corruption - Romania and Bulgaria, Vlad Perju
26. Questioning the Basic Values - Austria and Jorg Haider, Konrad Lachmayer
27. Challending the Basic Values - The Problems of the Rule of Lw in Hungary and the Failure of the European Union to Tackle Them, Zoltan Szente
28. Defiance by a Weak State - Greece, Michael Ioannidis
29. Inside but Out? The United Kingdom in the European Union, Adam Lazowski
30. Defiance by a Constitutional Court - Germany, Franz C. Mayer
Conclusion
31. Imagine the Lessons Are Learnt: Values' Enforcement in a More Perfect Union of the Future, Dimitry Kochenov and Andras Jakab