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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.
This volume investigates the systemic failure of the European Union to ensure Member State compliance with foundational principles such as democracy, the rule of law, and human rights. Editors András Jakab and Dimitry Kochenov assemble a multidisciplinary team of legal scholars to analyze the historical and political roots of state defiance. The text evaluates existing enforcement mechanisms and proposes potential strategies to address the erosion of EU values within a multi-layered legal order.
What You Will Find
Legal scholars and political scientists identify this volume as a comprehensive resource for understanding the structural limitations of EU enforcement. Readers frequently note the academic density of the prose, which serves as a foundational text for those studying the intersection of European law and political integration.
Page Count:
425
Publication Date:
2017-05-09
Publisher:
Oxford University Press
ISBN-10:
0198746563
ISBN-13:
9780198746560
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