What's Left of the Law of Integration?: Decay and Resistance in European Union Law (Collected Courses of the Academy of European Law)

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What's Left of the Law of Integration?: Decay and Resistance in European Union Law (Collected Courses of the Academy of European Law) image
ISBN-10:

0198830610

ISBN-13:

9780198830610

Released: Oct 16, 2018
Format: Hardcover, 220 pages
Related ISBN: 9780198834090

Description:

Born from the ashes of the Second World War as one of the most ambitious and successful parts of the plan for the reconstruction of Western Europe, European integration has been immersed in a deep economic and institutional crisis for more than a decade. This difficult situation is also
threatening to erode one of its most original and valuable elements: the establishment of a supranational rule of law among the Member States of the European Union that provides a solid framework for their peaceful, ordered, and fair relations.

This book, which is based on the general course given at the Academy of European Law in Florence in July 2015, puts the innovative initial choices made by the drafters of the Treaties and by the Court of Justice of the Union in their proper historical perspective, understanding Union law as a tool
of civilisation. Its current decline is explained as a consequence of the waning of the initial impetus behind integration, of the growing complexity and challenges of the Union system, and of the ambivalent attitude of the Member States regarding their common creation.

These themes are explored focusing on a number of fundamental structural issues: the principle of primacy, the national limits to it and the theory of constitutional pluralism; the state of health of the preliminary rulings procedure; Union citizenship, equality and human dignity; the scope of the
Charter of Fundamental Rights and the standard of protection of those rights; and the rigidity and fragmentation of the Union system in connection with the increasing use of international law as a softer alternative to Union law.

In all these areas, the book presents a fascinating story of decay and resistance, a story that is unfolding at present, and whose fate is closely linked to the future political shape of Europe.

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