Law European Union Law

The Future of Europe: Political and Legal Integration Beyond Brexit

Edited by Antonia Bakardjieva-Engelbrekt · Xavier Groussot
Hart Publishing April 2021

Specifications

ISBN-13
9781509946785
Publisher
Hart Publishing
Publication
April 2021
Format
Paperback
Jurisdiction
European Union ? Countri(es) for reference only

Also available as

Details

Europe is at a crossroads. Slowly recovering from a series of financial and economic crises, with trust fundamentally shaken by processes of disaggregation and increasingly nationalist politics, it is searching for new visions that are at once inspiring and workable. In its White Paper of 1 March 2017, the Commission proposed five non-exclusive options for the Future of Europe. As put by the Commission, the five scenarios are illustrative in nature to provoke thinking. They are not detailed blueprints or policy prescriptions. Likewise, they deliberately make no mention of legal or institutional processes – the form will follow the function. This book takes the current state of the Union seriously. However, it aims not only to debate the political vision of Europe, but also to discuss the issue of legal integration beyond Brexit. Apart from addressing the institutional challenges for the EU, the contributions in the volume focus intendedly on two key areas: rule of law and security. Rule of law and security are not only paradigmatic for the future of Europe but are also closely connected to a particular vision of Europe based on ‘integration through law’; a vision that has been strongly contested in recent years. The overarching question is: what is the place of legal integration in the future of Europe?

The volume builds on a conference organised by the Swedish Network for European Legal Studies in November 2017 and includes chapters by leading scholars in the field from the Nordic countries and wider Europe.

Table of Contents

INTRODUCTION
Towards Sustainable Political and Legal Integration in Europe: Peering into the Future
Antonina Bakardjieva Engelbrekt and Xavier Groussot
PART I. INSTITUTIONAL AND CONSTITUTIONAL FUNDAMENTS OF THE UNION
1. Saving Liberal Europe: Lessons from History
Jürgen Neyer
2. The EU, Democracy and Institutional Structure: Past, Present and Future
Paul Craig
3. The EU Flexibility Clause is Dead, Long Live the EU Flexibility Clause
Graham Butler
4. The Resilience of Rights and European Integration
Xavier Groussot and Anna Zemskova
PART II. RULE OF LAW AND SECURITY
5. Discursive Constituent Power and European Integration
Massimo Fichera
6. The National Security Challenge to EU Legal Integration
Anna Jonsson Cornell
7. Immunity or Community? Security in the European Union
Eduardo Gill-Pedro
PART III. RULE OF LAW IN THE MEMBER STATES
8. The Rule of Law in Contemporary Finland: Not Just a Rhetorical Balloon
Juha Raitio
9. Institutional Alcoholism in Post-socialist Countries and the Cultural Elements of the Rule of Law: The Example of Hungary
András Jakab
10. 'A More United Union' and the Danish Conundrum
Ulla Neergaard
PART IV. EPILOGUE
11. EU and Member State Constitutionalism: Complementing and Conflicting
Kaarlo Tuori
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