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

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

Author: Andras Jakab; Dimitry Kochenov
Publisher: Oxford University Press
ISBN: 9780198746560
Published In: March 2017
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.
1. Introduction: The Multitude of Ways to Cope with Defiance?

PART I: THEORETICAL ISSUES
2. Pluralism and Systemic Defiance in the European Union
3. The Legitimacy of Enforcement against Member States
4. The Enforcement of the Law vs. the Enforcement of Values
5. Adjudication on Laws and Adjudication on Values

PART II: INSTRUMENTS AND METHODS
6. Enforcement Initiated by Institutions or Member States
7. Making Effective Use of Article 260 TFEU
8. Preliminary References as a Means for Enforcing EU Law
9. Francovich Enforcement Analysed and Illustrated by German (and English) Law
10. Enforcement of Soft Law
11. The Bite, the Bark, and the Howl: Article 7 TEU and the Rule of Law Initiatives
12. EU Law Enforcement and the EMU
13. Reverse Solange and Systemic Deficiency
14. A Democracy Commission of One's Own, or: What It Would Take for the EU to Safeguard Liberal Democracy in Its Member States
15. Supremacy of the EU Charter in National Courts in Purely Domestic Cases

PART III: COMPARATIVE OUTLOOK
16. Enforcement of Federal Law against the German Lander
17. Enforcement of National Law against Subnational Units in the United States
18. Enforcement of Federal Law in Belgium
19. Defiance of Spanish Law by the Catalan and Basque Governments
20. WTO Law Enforcement
21. Enforcement of ECtHR Judgments
22. Enforcement of ICJ Judgments and UN Security Council Resolutions
23. The Protection of Democracy in Regional and International Organisations

PART IV: CASE STUDIES IN THE EU
24. Defiance for European Influence - the Empty Chair and France
25. Defiance as Corruption - Romania and Bulgaria
26. Questioning the Basic Values - Austria and Jorg Haider
27. Challending the Basic Values - The Problems of the Rule of Lw in Hungary and the Failure of the European Union to Tackle Them
28. Defiance by a Weak State - Greece
29. Inside but Out? The United Kingdom in the European Union
30. Defiance by a Constitutional Court - Germany

CONCLUSION
31. Imagine the Lessons Are Learnt: Values' Enforcement in a More Perfect Union of the Future