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Balancing Unity and Diversity in EU Legislation

Balancing Unity and Diversity in EU Legislation

Author: Ton van den Brink
Publisher: Edward Elgar Publishing
ISBN: 9781035302949
Published In: April 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Presenting cutting-edge insights into the current state of EU legislation, this book addresses the profound changes that the EU’s legislature has undergone in recent years and how these shape EU law. At the heart of this inquiry is how the strive for uniform EU legislation is balanced with the necessity to leave a certain degree of autonomy to member states, and how such tension between unity and diversity is reflected in the design of EU legislation.

Featuring sectoral and cross-sectoral contributions from a diverse array of distinguished academics, the book examines how the tension between EU unity and national autonomy has evolved over time. In particular it considers the response to significant new developments in the EU constitutional and law-making framework. The chapters explore the legislative strategies that have been adopted across various fields of EU law and policy to shape unity and diversity, and the practical, conceptual, and constitutional issues that these engender. Case studies from different EU fields and member states are critically analysed alongside key concepts including harmonization, derogations, proportionality, and effectiveness.

Both incisive and authoritative, this book will prove indispensable to academics, researchers and students with an interest in constitutional and administrative law, law and politics, and European law, politics and policy. Legal practitioners and policymakers wanting a better understanding of EU legislation and its impact on national legal orders will similarly benefit from the analysis and recommendations this important book makes.

Introduction: balancing unity and diversity in EU legislation

Ton van den Brink and Virginia Passalacqua

Recent trends in EU internal market legislation

Sybe A. de Vries

Harmonization through adjudication

Gunnar Thor Petursson and Xavier Groussot

Emergency legislation in European Union law

Salvatore Fabio Nicolosi

EU norms posing institutional obligations on Member States

Cristina Fasone

The Unfair Commercial Practices Directive and the uneasy relationship between maximum harmonisation, open norms and self-regulation

Bram Duivenvoorde