Research Handbook on Legal Pluralism and EU Law

Edited by Gareth Davies, Professor of EU Law, Department of Transnational Legal Studies, Faculty of Law, Vrije Universiteit Amsterdam, the Netherlands and Matej Avbelj, Associate Professor of European Law, Graduate School of Government and European Studies, Nova Univerza, Slovenia

'This collection will be of real value to all those interested in the difficult and topical questions of legal pluralism in the European Union. At a time of significant stress within the EU economic, political and legal orders, the essays address a range of themes and topics ranging from broad theoretical and constitutional reflections to more focused case studies of EMU, citizenship, migration and border control, and the EU's relations with non-EU states. The editors have assembled an impressive array of scholars from across the EU to present their particular understandings and critiques of the idea of legal and constitutional pluralism, to interrogate the relationship of legal pluralism to democracy, and to investigate the significance of these ideas in the European Union at present.'--Grainne de Burca, New York University, School of Law, US'Legal pluralism has become a central concept by which to unpack EU and transnational law. It remains, however, an under-applied and under-theorised framework. This Research Handbook decisively fills this gap, developing pluralism's theoretical foundations in novel directions through an outstanding group of contributors and using the concept to re-visit active debates in EU law and politics. I would recommend it to anyone as the definitive guide to legal pluralism in the EU for decades to come.'--Mark Dawson, Hertie School of Governance, Germany

• Contents:1. IntroductionMatej Avbelj, Gareth DaviesPart I The Nature of European Legal Pluralism 2. Claim-Making and Parallel Universes: Legal Pluralism from Church and Empire to Statehood and the European UnionPoul F. Kjaer3. Subverting Sovereignty’s Voluntarism: Pluralism and Subsidiarity in Cahoots Maria Cahill4. From Pluralism to PerspectivismKaarlo Tuori Part II Theorizing EU Constitutional Pluralism5. The Anatomy of Constitutional Pluralism in the European UnionCormac Mac Amhlaigh6. Constitutional Conflicts and Agonistic Pluralism: What Can We Learn From Political Theory?Giuseppe Martinico7. Human Dignity and EU Legal PluralismMatej Avbelj8. Constitutional Pluralism Beyond Monism and DualismFrançois-Xavier Millet9. Triangular Constitutionalism: The Consequences of Constitutional Pluralism for Domestic Constitutional ThoughtTom Flynn10. The Sociological Concept of EU Constitutional PluralismJiří PřibáňPart III EU Legal Pluralism and Democracy11. Pluralism through Its Denial: The Success of EU CitizenshipDimitry Kochenov and Justin Lindeboom12. The False Promise of Constitutional PluralismNik de Boer13. The Metabolic Constitution and the Limits of EU Legal PluralismPeter Lindseth14. Of Politics and Pluralism: Governmentality and the EU Legal OrderJessica Lawrence15. The Pluralist Socio-economic Character of the European TreatiesClemens KaupaPart IV The Practice of EU Legal Pluralism and its Future16. Is there Room for Legal Pluralism in EU Relations with Third States? A Study of Nordic Approaches to European IntegrationPäivi Leino and Liisa Leppävirta17. Constitutional Pluralism and Judicial Adjudication: On Legal Reasoning, Minimalism and Silence by the Court of JusticeSuvi Sankari18. Interpretative Pluralism within EU LawGareth Davies19. Discretion, not Rules: Postunitary Constitutional Pluralism in the Economic and Monetary UnionMatthias Goldmann20. The EU’s Relationship to International Law: Lessons from BrexitPavlos Eleftheriadis21. Legal Pluralism in the European Regulation of Border Control: Disassembling, Diffusing, and Legalising the Power to ExcludeGalina Cornelisse22. The Dangers of Constitutional PluralismR. Daniel KelemenAfterword23. Pluralism Then and NowNeil WalkerIndex