Elgar Studies in European Law and Policy – serie

This timely book explores the legal and practical challenges created by the increasingly automated decision-making procedures underpinning EU multilevel cooperation, for example, in the fields of border control and law enforcement. It argues that such procedures impact not only the rights to privacy and data protection, but fundamentally challenge the EU constitutional promise of effective judicial protection.Focusing on informational cooperation in the EU Area of Freedom, Security and Justice, this book examines the extent to which the EU’s system of remedies allows individuals to enforce their rights against automated decisions – such as in cases of the rejection of a residence permit application or the execution of search warrants. Concluding that enforcement of rights is difficult to achieve, the book calls for the comprehensive legal empowerment of individuals through a deep procedural review of automated decision-making. It advances the academic and policy debate on human-centric digital innovation, presenting an empirical case for greater scrutiny of the uses of new technology.The book will be a fascinating read for scholars and students of European law, the law of technology, and human rights. It will also be a useful guide for human and digital rights organisations, policy-makers, and judges seeking to empower individuals in the age of automation.

Exploring the referendum practices of eight European states, this book unpacks the intricacies of the institutional and procedural settings of referendum authorization to reach an equilibrium between the exercise of popular sovereignty and the protection of rule of law. The book also examines how, by authorizing certain issues and refusing others, state institutions can exercise considerable control over the whole referendum process.Outlining how the rise of populist political parties and governments in Europe has brought direct democracy to the fore, this future-oriented book highlights four procedural guarantees that are compatible with democratic referendum authorization procedures. These include the independence and impartiality of the decision-maker, the right to a reasoned decision, the right to be heard and the right to an effective remedy. Using comparative analysis and data collection, the book demonstrates why these guarantees are minimum requirements to ensure that the rights of the initiators and voters are represented in the procedure and therefore reduce the risk of arbitrary decision-making.This state-of-the-art title will be an invaluable resource for academics and students of constitutional and administrative law, politics and public policy. With its practical application, governmental policy-makers and practitioners will benefit widely from the book.

Providing perspectives from different fields of study such as public policy and politics as well as legal analysis, this book highlights the rule of law as a fundamental value of the European Union, and examines how this is implemented throughout the Member States. The Rule of Law Under Threat explores empirical evidence and quantitative methods for studying the dynamics of this imperative legal principle in interdisciplinary research. Internationally renowned experts consider the rule of law in the context of previous and future accessions to the EU in Eastern and South-Eastern Europe, with particular focus on Hungary as one of the most recent and notorious cases of rule of law deficits in the EU. Finally, the book analyses the legal and political toolbox that the EU has at its disposal to counter the erosion of rule of law standards, including the Article 7 procedure, as well as strategies which recognise specific national discourses on and perceptions of the rule of law. Students and scholars in constitutional and administrative law, European law, law and politics, and legal history will benefit from this book’s multidisciplinary approach to the rule of law. It is also an essential resource for practitioners and decision-makers in EU nations as well as candidate countries.

This timely book examines European and national standards and institutions for sustaining judicial independence and upholding the foundational value of the rule of law. It highlights the nuanced and essential role of independent courts in fostering the shared values of the EU against a background of democratic backsliding.Contributors present topical insights into how judicial independence has come under pressure in recent years, in the context of backlash against international courts, the (in)effectiveness of human rights, populism and the retreat of multilateralism. But they not only just document systemic judicial capture and scattered violations of judicial independence, but they also explore effective strategies to sustain and restore the independence of courts. Authors adopt a multidisciplinary approach drawing on legal philosophy as well as sociological, empirical, and political science. They fill a gap in the existing literature by focusing on judicial independence rather than broader concerns about the rule of law.Sustaining the Rule of Law: The Future of Judicial Independence in Europe is an essential resource for scholars and students of constitutional and administrative law, European law, politics, and public policy. It will also be a useful guide for legal practitioners, lawyers who specialize in EU law, and policymakers.

This book explores how the architecture of European economic and monetary governance has radically changed over the last decade. It demonstrates the ways in which the micro- and macro-economic constitutions of Europe have reacted to legal measures enacted to counter past economic crisis, together, profoundly modifying the way in which European constitutionalism is understood.Within this innovative book, leading scholars and experts in European economic law discuss the changes and the problems arising for today's Economic Constitution from an interdisciplinary perspective. Analysing both the economic and social aspects of European legal integration and proposing solutions to challenge the current state of affairs, The Metamorphosis of the European Economic Constitution will be of value to academics and practitioners alike.

Discussing the fundamental role played by the principles of equality and non-discrimination in the EU legal order, this insightful book explores the positive and negative elements that have contributed to the consolidation of the process of EU legal integration. Providing an in-depth analysis of the three key dimensions of equality in the EU -- equality as a value, equality as a principle and equality as a right -- this incisive book investigates the place and scope of equality within the founding values of the EU. It does this by examining the use of the principle of equality in the case-law of the Court of Justice, as well as the rights conferred on individuals via equality in secondary legislation, and the interaction between equality in the Charter of Fundamental Rights and as a general principle of EU law.Presenting an up-to-date analysis of the role played by equality in blending the economic and social elements of EU legal integration, Equality and Non-Discrimination in the EU will be an important read for scholars and students of EU and constitutional law, as well as practitioners and EU officials.

This insightful book assesses the theory of constitutional pluralism in light of the events of the Eurozone crisis of the past decade. Based on an analysis of how national courts reviewed the crisis response mechanisms and participated in the European-level political process, Tomi Tuominen argues that constitutional pluralism is not a valid normative theory of European constitutionalism.The analysis of crisis response mechanisms focuses on how the lack of a proper economic policy competence for the EU affected the formation of the measures and is at the root of the criticism concerning these mechanisms. Furthermore, the author connects discussions on the Eurozone crisis and constitutional pluralism in an innovative fashion, whilst also explaining how asymmetry and pluralism are linked. A novel reading on the horizontal and vertical aspects of Article 4(2) TEU is also developed throughout.Utilizing up-to-date and original analyses, The Euro-Crisis and Constitutional Pluralism will be an important read for scholars and students of European law, EU constitutional law and public policy.

This innovative book examines why national courts refer preliminary references to the European Court of Justice (ECJ), and what the referring court does with the answers. Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area. Closing the gap between empirical interview data, and case law analysis, chapters use a unique combination of the two research methods to consider two current, and one former, EU Member States. The book demonstrates that judges extensively use the procedure and follow its outcome almost without exception, despite dissatisfaction and criticism regarding the absence of a true dialogue. By embedding the examples in the book in appropriate theory, this study will provide a useful read for students of EU law, particularly those wanting to better understand its consequences in the national legal order. Its recommendations for good practices in the ECJ and national courts will also be helpful to legal practitioners, judges and legal secretaries.

Exploring the importance of the EU Services Directive (Directive 2006/123), this book provides an expansive insight into the controversial legislation regulating the internal market in services, whilst examining the challenges of positive harmonisation. In addition, by analysing the functioning and judicial interpretation of the directive, it considers EU trade regulation values and the broader significance of EU regulation in global regulatory standard setting.The book analyses the directive’s contribution to the fundamental freedoms and to the completion of the internal market, with particular focus on the remit of EU and national regulatory autonomy and general interests protection in the context of positive harmonisation. Through the lens of the directive, the study evaluates the status of EU integration and appraises the resilience of the internal market regulatory paradigm, including the interaction between primary and secondary law and the effectiveness of administrative law reinforcement, for the governance of the modern economy, as well as exploring more broadly the import and international influence of EU trade regulation. The book considers a variety of policy themes, including the relationship between national autonomy and supranational competence; the interaction of economic advancement and related general interests, such as environmental and consumer protection; market harmonisation techniques and enforcement challenges, along with potential mechanisms for regulatory enhancement.Discussing a central legal and economic framework for the regulation of trade in services, from regulatory, constitutional and policy perspectives, this book will be of significant interest to students, academics, practitioners and officials on European Union policy and law, as well as to anyone interested more generally in business regulation in evolving technological contexts, international trade law and comparative market integration themes.

This timely book investigates the EU’s multi-faceted development as a global actor, unpacking its legal mission to be a ‘good’ actor as well as exploring the complexities of fulfilling this objective. It elicits critical reflections on the question of ‘goodness’ in EU external relations from descriptive, analytical and normative perspectives, and examines which metrics of actorness are useful in tackling this subject.Featuring contributions from more than 20 leading EU scholars and emerging voices, the book develops four themes through which it advances a research agenda for the study of the EU as a good global actor. The book begins by unpacking the complexities of the EU as a global trade actor, before discussing ‘good’ trade governance and a deeper trade agenda, the issue of data governance in digital trade and in other regulatory frameworks, and finally the institutional dimension of EU actorness.Understanding the EU as a Good Global Actor will be a crucial read for scholars and students in EU law and politics, particularly those with an interest in EU governance, trade and external relations. It will also prove useful for policy makers both within and outside the EU.

Combining rich theoretical analysis with real-world examples, this erudite book navigates EU law in the context of hybrid threats, examining how security issues affect themes of constitutional law at the heart of a democratic system. Presenting doctrinal and historical insights, the book not only considers the different types of hybrid threats, but also how they are increasingly showing that traditional understandings of security risk are becoming obsolete.Bringing together leading experts in the fields of security, anthropology, and EU law, chapters map out the EU and NATO’s responses to five hybrid threats: disinformation, instrumentalisation of migration, cyberthreats, abuses of energy resources, and lawfare. The book focuses on both security and legal issues and answers two interrelated questions: what is the nature of a hybrid threat? And what legal tools are available to the EU to protect its citizens from those threats? The answers to these questions reveal how hybrid threats put increased tension on the capacity of a democratic system to resist rival models.Interdisciplinary in scope, this will be a fundamental resource for researchers, academics and students of European law, terrorism and security law, politics, and international relations. Legal practitioners with a keen interest in EU constitutional law, common foreign and security policy, and internal market regulation will similarly find this to be an indispensable read.

This incisive book evaluates the legal effects of soft law, its foundations and how they behave in some of the most innovative areas of EU law. Combining theory, language and sectoral insights, this comprehensive review uses case studies to shed new light on the three core areas of soft law. The book opens with an exploration of the meaning and scope of EU soft law’s legal effects from a theoretical and doctrinal perspective. Chapters analyse the role, contribution and broader legal effectiveness of the language employed by EU authorities when drafting soft law instruments. Finally, in a ground-up approach to the research topic, the book discusses soft law’s legal effects within three areas of EU legislation, namely financial supervision, technical standardisation and telecommunications law. Advancing a legal and argumentative toolkit to evaluate and improve EU soft law’s persuasiveness, this title will be advantageous to academics, practitioners and policy-makers with specialisations in European law, constitutional and administrative law and regulation and governance.

With perceptions of crisis and the need for the EU to fund its objectives, including debt repayment, becoming increasingly important, this timely book considers the potential of EU tax law for revenue raising.Previous attempts to harmonize EU tax law have been impacted by questions over State sovereignty and EU competence in matters of taxation. In response, this book makes suggestions to clarify the concept of differentiated integration and to reinterpret some of its legal mechanisms to make both more conceptually accessible and practically useful. The book demonstrates how the challenge of unanimity, including the unanimity voting threshold, can be overcome by using the conceptually clarified ‘flexibility’, potentially in the status of a principle, to enact tax measures to raise revenue and repay debt. Kendrick concludes that the two interrelated imperatives of the perception of crisis and revenue raising should act as a catalyst for a recalibration of differentiated integration in EU tax law to avoid an increase in EU dependency on Member State national budgets.This book provides a crucial read for legal scholars, policymakers, and practitioners working at the intersection of EU law, tax law, fiscal policy, and the EU’s own resources.