
This is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.Despite its seemingly innocuous wording, in what is now Article 4 (3) TEU, the principle of loyalty has had a significant impact in deepening the reach of EU law within the Member States. The duty of sincere cooperation has been interpreted strongly by the European Courts as imposing serious duties on States to give strong effect to European legal acts. The principle has been central to the development of Union law since the 1960s, and is still being relied on by the European Court of Justice to often-controversial effect.Providing a thorough discussion of the principle of loyalty in EU law, this book introduces a novel classification of the very diverse roles loyalty plays in the EU. It distinguishes between the effects loyalty prescribes for interlocking the legal orders of the Member States with Union law, its application in preventing and resolving conflicts between the Union and the Member States, and the loyalty principle's role in the shaping of EU law. It addresses important and yet unresolved questions pertaining to loyalty, such as its relation to the principles of solidarity, pre-emption, the Union interest, institutional balance, and the unity of international representation. The book explains why loyalty has been neglected in the prevailing narratives about the foundational case law of the European Court of Justice, and highlights its central importance to understanding EU public law.
This book investigates the foundational role and evolving legal impact of the principle of loyalty, as codified in Article 4(3) of the Treaty on European Union, within the broader framework of EU law. Marcus Klamert, an expert in European legal studies, provides a comprehensive analysis of how the duty of sincere cooperation has functioned as a mechanism for deepening the integration of Union law into Member State legal systems. By examining decades of European Court of Justice case law, the author argues that loyalty is not merely a procedural requirement but a central pillar that shapes the relationship between the Union and its Member States.
What You Will Find
Legal scholars and practitioners identify this work as a critical resource for understanding the mechanics of EU public law and the evolution of the duty of sincere cooperation. Readers frequently note the academic density of the prose, which makes it a foundational text for those specializing in the constitutional architecture of the European Union.
Page Count:
352
Publication Date:
2014-03-16
Publisher:
Oxford University Press
ISBN-10:
0199683123
ISBN-13:
9780199683123
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