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This book explores the role and status of local and regional authorities (also referred to as 'subnational authorities' or 'SNAs') in European Union law, and reveals the existence of two parallel yet opposed constitutional imaginations of the supranational legal order. Through a survey of various areas of EU law, including primary and secondary legislation, case law as well as various soft law instruments, Finck introduces two narratives. These are the 'outsider narrative' and the 'insider narrative' that frame these constitutional imaginations. According to the outsider narrative, the structure of the legal order is bi-centric, composed of the member states and the EU only. This narrative envisages SNAs as outsiders of EU law, whose interactions with Union law are merely of an indirect nature. However, in addition to this well-known account of EU law, a parallel yet distinct narrative can be identified according to which SNAs are insiders that entertain direct relations with the European Union and contribute to the substantive development of EU law. It is illustrated that the coexistence of both narratives has wider implications as it points towards a shift in the structure of the European legal order itself, which is transitioning from bi-centricity to polycentricity.
This book investigates the legal status and evolving role of subnational authorities (SNAs) within the framework of European Union law. Michèle Finck, a legal scholar, utilizes a comprehensive survey of primary legislation, secondary law, and judicial case law to analyze how SNAs are positioned within the supranational legal order. She presents a dual-narrative framework—the 'outsider' and 'insider' perspectives—to explain the shifting constitutional structure of the EU from a bi-centric to a polycentric model.
What You Will Find
Scope Limits
Legal scholars and practitioners recognize this work as a significant contribution to the understanding of multi-level governance in the European Union. Readers frequently note the academic density of the prose, which is tailored for those with a background in EU constitutional law.
Page Count:
0
Publication Date:
2017-01-01
Publisher:
Oxford University Press
ISBN-10:
0191848026
ISBN-13:
9780191848025
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