The Rule of Law in the European Union The Internal Dimension Modern Studies in European Law Series
Langue : Anglais
Auteur : KONSTADINIDES Theodore
This is a book about the internal dimension of the rule of law in the
European Union (EU). The EU is a community based on law which adheres to
and promotes a set of common values between the Member States. The
preservation of these values (such as legality, legal certainty,
prohibition of arbitrariness, respect for fundamental rights) is pivotal
to the success of European integration and the well-being of the
individuals within it. Yet, the EU rule of law suffers from an imposter
syndrome and has been the subject of criticism: ie that it is only part of
the EU agenda in order to legitimise sweeping new powers and policies, and
that it plays little or no role in promoting a culture of compliance for
either deviant EU Institutions or for Member States.
This book will examine whether the EU rule of law deserves those criticisms. It will offer an analytical guide to the EU rule of law by conceptualising it and locating it within the sources of EU law. It will then ask whether the EU is based on the rule of law - a question which is answered in the affirmative, but one which has to be considered in the context of compliance, and the overall effectiveness of the EU enforcement acquis. It is argued that while the EU means well in its aim to preserve unity in an increasingly diversified Europe, the extent to which it can pave the way to a better world (based on a transnational rule of law concept akin to good governance and improvement of citizens’ lives) is dependent on the commitment of all European integration stakeholders to the EU project.
This book will examine whether the EU rule of law deserves those criticisms. It will offer an analytical guide to the EU rule of law by conceptualising it and locating it within the sources of EU law. It will then ask whether the EU is based on the rule of law - a question which is answered in the affirmative, but one which has to be considered in the context of compliance, and the overall effectiveness of the EU enforcement acquis. It is argued that while the EU means well in its aim to preserve unity in an increasingly diversified Europe, the extent to which it can pave the way to a better world (based on a transnational rule of law concept akin to good governance and improvement of citizens’ lives) is dependent on the commitment of all European integration stakeholders to the EU project.
Theodore Konstadinides is a Senior Lecturer in Law at the University of Essex. His
research focuses on public law in its domestic and European context with an expertise
in constitutional principles and the division of competences between the European
Union and its Member States
Date de parution : 09-2017
Ouvrage de 224 p.
Disponible chez l'éditeur (délai d'approvisionnement : 14 jours).
Prix indicatif 77,05 €
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