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Research Handbook on EU Institutional Law

Research Handbook on EU Institutional Law

Author: Adam Lazowski; Steven Blockmans
Publisher: Edward Elgar Publishing
ISBN: 9781782544739
Published In: October 2016
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose.Students and scholars will find this original Handbook to be an invaluable resource, particularly due to its focus on topics for future discussion. Researchers and policy-makers will also benefit from the points raised in this book.
IntroductionAdam Lazowski and Steven Blockmans

PART I FOUNDATIONS, COMPETENCES AND ACTORS
1. Constitutional Foundations and EU Institutional Framework: Six Years of working with Lisbon ReformAdam Lazowski and Steven Blockmans
2. Competences: Codification and ContestationMonica Claes and Bruno De Witte
3. New Dynamics in the Decision Making in the Wake of European Financial and Sovereign Debt CrisisFabian Amtenbrink and Kees van Duin
4. National Parliaments as Guardians of the Principle of SubsidiarityAdam Cygan
5. European Agencies: What about the Institutional BalanceEllen Vos and Michelle Everson

PART II DEMOCRACY AND FUNDAMENTAL RIGHTS6. The Democratic Foundations of the Union: Representative Democracy, Complementarity and the Legal Challenge of Article 11 TEUJoana Mendes
7. Transparency in the EU: Constitutional Overtones, Institutional Dynamics and the Escape Hatch of SecrecyDeirdre Curtin and Maarten Hillebrandt
8. Fundamental Rights Protection in the Legal order of the European UnionMartin Kuijer

PART III: JUDICIAL ARCHITECTURE
9. EU Judiciary in Need of Reform?Tamara Capeta
10. Judicial Review in EU law: A Post-Lisbon PerspectiveSaulius Lukas Kaleda
11. Financial Penalties for Non-execution of the Judgement of the Court of Justice of the EUAlicja Sikora
12. The Court of Justice, the National Courts, and the Spirit of Cooperation: between Dichtung und WarheitMichal Bobek

PART IV ENFORCEMENT OF EU LAW
13. Five Decades Since Van Gend and Costa Came to Town: Primacy and Direct Effect RevisitedAgata B. Capik
14. National Procedural Autonomy: Concept, Practice and Theoretical QueriesMatej Avbelj
15. Liability for Breach of EU Law by the Union, Member States and Individuals: Damages, Enforcement and effective Judicial ProtectionKathleen GutmanConclusionsAdam Lazowski and Steven Blockmans
Index