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The Eurosceptic Challenge: National Implementation and Interpretation of EU Law

The Eurosceptic Challenge: National Implementation and Interpretation of EU Law

Author: Clara Rauchegger; Anna Wallerman
Publisher: Hart Publishing
ISBN: 9781509952014
Published In: April 2021
Format: Paperback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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In recent years, Eurosceptic and nationalist forces have been gaining ground in the European Union. Their rhetoric has changed the political discourse, shaking the ideal of an ever closer union to its core. However, the specific legal changes brought about by this political turn have often remained obscure. How does Euroscepticism manifest itself in the law and policies of the EU Member States?

This book seeks to understand to what extent Eurosceptic attitudes translate into legislative, administrative and judicial practices that challenge EU law and governance in the Member States. It reveals the many facets of national resistance that the EU is currently facing, ranging from open defiance to ignorance of EU law. It includes perspectives from the entire Union, from old and new, western and eastern, troublesome and (ostensibly) compliant Member States.

Bringing together experts from law and political science, this timely book offers unique insights into the reception, and sometimes rejection, of EU law in the Member States. It will be essential reading for anyone interested in the current challenges and the future of the European Union.
Introduction - Clara Rauchegger and Anna Wallerman
PART I: NATIONAL EUROSCEPTICISM AND THE EU INSTITUTIONS
1. EU Policies in Times of Populist Radical Right Euroscepticism: Which Future? - Gerda Falkner & Georg Plattner
2. Does Euroscepticism Influence Compliance and Enforcement of EU Law in the Member States? - Dimiter Toshkov
PART II: EUROSCEPTIC GOVERNMENTS AND THEIR POLICIES
3. The New Italian Government between Break and Continuity: Political Discourse and Constitutional Practices - Luigi Gianniti and Barbara Guastaferro
4. Poland's Defiance Against the CJEU in the Puszcza Bialowieska Case (C-441/17) - Przemyslaw Tacik
5. Hungarian Economic Patriotism and Internal Market Law: Questioning Fundamental Freedoms and Disregarding Fundamental Rights - Mónika Papp and Marton Varju
PART III: CASE STUDIES ON MIGRATION AND FREE MOVEMENT OF PEOPLE
6. Schengen, Migration – and the Resurrection of the Westphalian Nation-State? - Peter Thalmann
7. 'Euroreluctance' at the Heart of Europe? Challenges to the Free Movement of People in Luxembourg - Catherine Warin
PART IV: RESISTANCE WITHIN AND AGAINST THE PRELIMINARY REFERENCE PROCEDURE
8. Who is the National Judge? A Typology of Judicial Attitudes and Behaviours Regarding Preliminary References - Anna Wallerman
9. Attitude or Aptitude? Explaining the Lack of Preliminary References in Dutch Competition Law Cases - Jesse Claassen
10. Reluctance to Participate in the Preliminary Ruling Procedure as a Challenge to EU Law: A Case Study on Slovenia and Croatia - Monika Glavina
11. Game of Courts: The Effects of Constitutional Judicial Conflicts on Polish Judges' Co-operation with the CJEU - Juan A. Mayoral
PART V: CONCLUSIONS
12. National Resistance Against EU Law and Governance: Degrees and Manifestations - Clara Rauchegger and Anna Wallerman