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The Tangled Complexity of the EU Constitutional Process: The Frustrating Knot of Europe 2nd Edition

The Tangled Complexity of the EU Constitutional Process: The Frustrating Knot of Europe 2nd Edition

Author: Giuseppe Martinico
Publisher: Routledge
ISBN: 9780367467036

Previous Edition ISBN: 9780415688192
Published In: August 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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Offering a fresh view on the EU constitutionalisation process, the new edition of The Tangled Complexity of The EU Constitutional Process presents three main points: the idea of constitutional complexity, the tension between constitutional evolutionism and constitutional constructivism in the process of European integration, and the functional nature of conflicts in the evolution of the EU. Because of its prodigiousness, European law produces consternation among constitutionalists accustomed to traditional patterns of power. Yet, constitutional pluralism is under siege. Populist governments have abused constitutional-pluralistic concepts like those of national identity, and scholars have also criticised constitutional courts for the abuse of the national identity argument provoking a worrying escalation of constitutional conflicts.

This book argues that while constitutional conflicts have frequently been depicted as elements of disturbance along the path towards legal coherence, constitutional conflicts are physiological and might even be functional to the development of the European legal order, which should not be understood in a deterministic manner.

The new edition expands its scope of application beyond judicial interactions, to consider the role of the parliaments as actors of a complex legal system and will be of particular interest to academics and students in the disciplines of Law, International Relations, and Political Science.

Preface to the Second Edition. Why a new edition?

Preface and acknowledgements

Chapter I: Only a drop in the ocean? An attempt to classify the debate about the notion and the nature of the European Constitution

Introductory remarks

2. When concepts matter: what do we mean by ‘constitutionalisation’, ‘constitution’ and ‘constitutionalism’ at EU level?

3. Dealing with the literature: what about the ‘efficient secret’ of the European Constitution? Some attempts at classification

4. The persistent terminological ambiguity with reference to European constitutional law

5. Concluding on Fundamental Rights in EU law

6. Final Remarks

Chapter II: Dealing with constitutional theories of European integration

1. Plan of the chapter

2. Multilevel constitutionalism

3. Constitutional pluralism

4. Complexity as ‘the efficient secret’ of the European Constitution

5. From complexity to constitutional synallagma: some examples

6. The idea of a complex ‘order’

Chapter III: Constructivism, evolutionism in the last twenty years of (mega) constitutional politics in the eu

1. Plan of the chapter

2. Constitutional constructivism versus constitutional evolutionism

3. The discontents of European constitutionalism and their relations with constitutional constructivism

4. The (attempted) hijack of the acquis communautaire

5. The Maastricht Treaty as a turning point in the relationship between the ECJ and national governments

6. Pupino: A frustrated attempt to limit the interpreter?

7. The season of the Conventions and its products

8. Art.

4.2 TEU as the apex of a constitutional crescendo

9. The Charter of Fundamental Rights of the EU

10. Final Remarks

Chapter IV: The Multiple Crises of the European Union (2011-2021)

An existential crisis

The Impact over the EU Constitutional System and the Reaction to the Pandemic

Why the European Union is not (only) an ordoliberal entity

Chapter V: Complexity in Action: From the Structure to the Actors

1. Plan of the chapter

2. Multiple loyalties and complexity in action: How Hard it is Being a Judge in a Complex Legal Order

3. The idea of constitutional conflicts as a direct consequence of the constitutional complexity of the EU

4. Back to case law: a possible typology of constitutional conflicts

5. Conflicts by convergence as one of the unexpected consequences of the constitutionalisation of the EU

6. The importance of a consistent interpretation as a technique for recognising fully fledged ‘conflicts’

Chapter VI: On the future of constitutional conflicts

1. On European Monstrosity

2. Pushing the Incoming Tide Back? Some notes on Brexit

3. Past and Future of Constitutional Conflicts

Index

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