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.
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Produktdetaljer
ISBN
9780192538994
Publisert
2020
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter