...the book offers an important contribution to the study of EU constitutional law; it lays down rigorous theoretical and methodological foundations for further inquiries into “Federalism and the EU” topics and provides much useful information. The extensive use of comparison is to be welcomed because it makes it possible to highlight differences between the EU federalising process and constitutional life in other, better-established federal systems
- Giacomo Delledonne, Public Law Volume 1
<p>In addressing the question of how the decentralisation of public authority within a Member State interrelates with European Union law, the book fills a significant gap in scholarly literature. Further, it offers some interesting insights into how federalism relates to the structure of the EU itself.<br /><br />The large variety of issues covered by the book makes it a good read, with interesting and sometimes brilliant analysis, for anyone interested in EU law. The book is particularly noteworthy as it participates in a slowly emerging debate on the relation between the Member State's sub-national authorities and EU law.<br /><br />While there is as yet no principled and coherent approach to EU law towards local and regional autonomies within its Member States, the book provides some answers and provides a valuable starting point for anyone interested in further research on the topic.</p>
- Michele Finck, Publius
...the contributions are well written and make for stimulating reading.
- Gerhard van der Schyff, European Law Review, Volume 39
Introduction: Federalism's Janus Face
Elke Cloots, Geert De Baere and Stefan Sottiaux
PART I: FEDERALISM IN THE EU'S CONSTITUTIONAL STRUCTURE
1. EU Federalism in 3-D
Koen Lenaerts
2. Federalism and Jurisdiction
Pavlos Eleftheriadis
3. Federalism, the EU and International Law: On the Possible (and Necessary) Role of Subsidiarity in Legitimate
Multilevel Trade Governance
Alexia Herwig
4. The Court of Justice as a Federal Constitutional Court: A Comparative Perspective
Monica Claes and Maartje de Visser
5. The Dual System of Rights Protection in the European Union in Light of US Federalism
Aida Torres Pérez
6. Federalism and International Relations in the European Union and the United States: A Comparative Outlook
Geert De Baere and Kathleen Gutman
PART II: EU LAW AND MEMBER STATE FEDERALISM
7. European Ties that Bind: Political or Cultural?
Helder De Schutter
8. Does EU Decision-Making Take into Account Regional Interests?
Piet Van Nuffel
9. The Role of Sub-State Entities in the EU Decision-Making Processes: A Comparative Constitutional Law Approach
Nikos Skoutaris
10. Autonomous Constitutional Regions in a Federal Europe
Joxerramon Bengoetxea
11. The European Court of Justice and the Devolution of Taxation Powers
Suzanne Kingston
12. The Impact of EU Law on the Devolution of Social Powers in the Member States
Herwig Verschueren
13. EU Law and Language Regulation in (Quasi-)Federal Member States
Elke Cloots and Stefan Sottiaux
14. The European Court of Justice and Member State Federalism: Balancing or Categorisation?
Elke Cloots
15. The Impact of 'Regional Blindness' on the Italian Regional State
Giuseppe Martinico
16. The Spanish State Structure and EU Law: The View of the Spanish Constitutional Court
Maite Zelaia Garagarza
17. Economic and Monetary Union: Caught between Brussels and Luxembourg? The Influence of EU Law
on Belgian Federalism Case Law
Stef Feyen
This collection of essays aims to reveal the Janus-faced character of federalism in the European Union.
The first half of the book focus on domestic federalisation processes, and more specifically their impact on EU Law and vice versa.
The second half of the book addresses whether the EU itself can be described as a federal system and whether it can learn from existing federations.
The contributors to the book are experts in the field.
Refreshing new takes on EU law.
Modern Studies in European Law publishes the best new academic works on EU law by younger scholars in the subject. The series embraces the full scope of scholarship on EU law from doctrinal analysis to theoretical exploration, and also encourages inter-disciplinary, comparative and historical approaches, the overall aim being to publish innovative work which will widen knowledge and understanding of the place of law in the creation of Europe.
Produktdetaljer
Biografisk notat
Elke Cloots is a Researcher at the University of Leuven and a Fellow of the Research Foundation–Flanders.
Geert De Baere is Assistant Professor of International Law and EU Law at the University of Leuven, and senior member of the Leuven Centre for Global Governance Studies.
Stefan Sottiaux is Assistant Professor of Constitutional Law and Discrimination Law at the University of Leuven.