A Constitutional Order of States?

Essays in EU Law in Honour of Alan Dashwood

Anthony Arnull, Catherine Barnard, Michael Dougan, Eleanor Spaventa, Anthony Arnull, Catherine Barnard, Michael Dougan, Eleanor Spaventa

• Publisher: Hart Publishing
• Year: 2011
• Print ISBN: 9781849460460
• eBook ISBN: 9781847316363
• Edition: 1
• Topic: Law
• Subtopic: International Law
• Index: Law

This collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration into, the national legal systems. On the other hand, it remains an organisation of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners, officials and academics. They consider the foundations, strengths, implications and shortcomings of this conceptual framework in various fields of EU law and policy. The collection is an essential purchase for anyone interested in the constitutional framework of the contemporary European Union.

Table of contents

• Cover
• Prelims
• Preface
• Farewell and Thanks to Alan
• Contents
• List of Contributors
• Table of Cases
• Table of Legislation
• Part I Constitutional Fabric
• 1 Is the European Union an Organisation of Limited Powers?
• 2 The Status and Rights of Sub-state Entities in the Constitutional Order of the European Union
• 3 Ireland and the Lisbon Treaty: All’s Well That Ends Well?
• 4 Where Will the Lisbon Treaty Lead Us?
• 5 Does Europe Need a Constitution? Achievements and Challenges After Lisbon
• 6 Over the Rainbow: Languages and Law in the European Union
• Part II Judicial Fabric
• 7 The Court of Justice as a Constitutional Adjudicator
• 8 The Relationship between the European Court of Justice and the European Court of Human Rights
• 9 Reforming Some Aspects of the Role of Advocates General
• 10 The Role of General Principles of EU Law
• 11 The Horizontal Application of Fundamental Rights as General Principles of Union Law
• 12 In Defence of Mangold?
• 13 Edging Towards Closer Scrutiny? The Court of Justice and Its Review of the Compatibility of General Measures With the Protection of Economic Rights and Freedoms
• 14 Union Law and Final Decisions of National Courts in the Recent Case Law of the Court of Justice
• Part III European Substantive Law
• 15 The Struggle for EU Citizenship: Why Solidarity Matters
• 16 Social Solidarity and Social Security
• 17 Social Policy and the Shifting Sands of the Constitutional Order: The Case of Posted Workers
• 18 EU Criminal Law—the Present and the Future?
• 19 Free Movement of Goods and Pre-emption of State Power
• 20 The Past, Present and Future of Competition Law in the European Union
• 21 The Future Shape of EU Energy Law and Policy
• 22 The Role of National Judges in Implementing Uniform Rules of Jurisdiction and Choice of Law in the European Union
• Part IV Europe in the Wider World
• 23 Member States as Trustees of the Union Interest: Participating in International Agreements on Behalf of the European Union
• 24 The ‘Succession Doctrine’ and the European Union
• 25 Enlarging the Constitutional Order of States
• 26 Very Small States and the European Union: the Case of Liechtenstein
• 27 The Internal Legal Effects of the EU’s International Agreements and the Protection of Individual Rights
• 28 The Obligation of Member States to Foresee, in the Conclusion and Application of their International Agreements, Eventual Future Measures of the European Union
• 29 Third Time Lucky: The Pre-history of the Common Security and Defence Policy
• 30 The Nexus Between the European Union’s Common Security and Defence Policy and Development
• 31 The Role of the European Commission in Tackling Terrorism: the Example of Passenger Name Records
• Index