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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 FPÖ 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 inability of the European Union to ensure member state compliance with foundational principles such as democracy, the rule of law, and human rights. Editors Dimitry Kochenov and András Jakab assemble a multi-faceted assessment of defiance within the EU, drawing upon historical precedents and comparative legal frameworks. By analyzing the adequacy of current enforcement mechanisms, the authors provide a structured inquiry into the sustainability of the European integration project in the face of persistent member state non-compliance.
What You Will Find
Scope Limits
Legal scholars and political scientists frequently cite this volume as a comprehensive resource for understanding the structural tensions between national sovereignty and EU-level enforcement. Experts highlight the text's utility for those seeking a rigorous, multi-disciplinary approach to the constitutional challenges facing the European Union.
Page Count:
425
Publication Date:
2017-01-01
Publisher:
Oxford University Press
ISBN-10:
0191063509
ISBN-13:
9780191063503
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