Principles of European Constitutional Law

Armin von Bogdandy, Jürgen Bast

• Publisher: Hart/Beck
• Year: 2009
• Print ISBN: 9781849462112
• eBook ISBN: 9781847315502
• Edition: 2
• Topic: Law
• Subtopic: International Law
• Index: Law

For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven

Table of contents

• Cover
• Prelims
• Preface
• Short Contents
• Contents
• List of Contributors
• Table of Cases
• The Constitutional Approach to EU Law— From Taming Intergovernmental Relationships to Framing Political Processes
• Part I Defining the Field of European Constitutional Law
• 1 Founding Principles
• 2 Federalism and Democracy
• 3 National Constitutional Law Relating to the European Union
• 4 The Constitutional Role of International Law
• 5 Pouvoir Constituant—Constitution—Constitutionalisation
• 6 On Finality
• Part II Institutional Issues
• 7 The Political Institutions
• 8 The Federal Order of Competences
• 9 Foreign Affairs
• 10 Legal Instruments and Judicial Protection
• 11 Multilevel Constitutional Jurisdiction
• Part III The Legal Position of the Individual
• 12 Union Citizenship
• 13 Fundamental Rights
• 14 Fundamental Freedoms
• 15 The Area of Freedom, Security and Justice
• Part IV The Constitution of the Social Order
• 16 The Economic Constitution within the Internal Market
• 17 The Labour Constitution
• 18 Competition Law as Part of the European Constitution
• Part V Contending Visions of European Integration
• 19 The European Union as a Federal Association of States and Citizens
• 20 The European Union of States
• 21 The Advantages of the European Constitution
• Index