The Eurosceptic Challenge: National Implementation and Interpretation of EU Law

Erscheinungsjahr 2019
ISBN: 978-1-5099-2765-4
Verlag: BLOOMSBURY 3PL

Buch, Englisch, 280 Seiten, Hardback, Format (B × H): 160 mm x 236 mm, Gewicht: 567 g

Reihe: Eu Law in the Member States

In recent years, Eurosceptic and nationalist forces have been gaining ground in the European Union. Their rhetoric has changed the political discourse, shaking the ideal of an ever closer union to its core. However, the specific legal changes brought about by this political turn have often remained obscure. How does Euroscepticism manifest itself in the law and policies of the EU Member States?

This book seeks to understand to what extent Eurosceptic attitudes translate into legislative, administrative and judicial practices that challenge EU law and governance in the Member States. It reveals the many facets of national resistance that the EU is currently facing, ranging from open defiance to ignorance of EU law. It includes perspectives from the entire Union: from old and new, western and eastern, troublesome and (ostensibly) compliant Member States.

Bringing together experts from law and political science, this timely book offers unique insights into the reception - and sometimes rejection - of EU law in the Member States. It is essential reading for anyone interested in the current challenges and the future of the European Union.

Autoren/Hrsg.

Rauchegger, Clara

Wallerman, Anna

Ghavanini, Anna W

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht
• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen Europäische Union, Europapolitik
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Recht mehrerer Jurisdiktionen, Synopsen

Inhaltsverzeichnis

Introduction

Clara Rauchegger and Anna Wallerman
PART I
NATIONAL EUROSCEPTICISM AND THE EU INSTITUTIONS
1. EU Policies in Times of Populist Radical Right Euroscepticism: Which Future?

Gerda Falkner and Georg Plattner
2. Does Euroscepticism Influence Compliance and Enforcement of EU Law in the Member States?

Dimiter Toshkov

PART II
EUROSCEPTIC GOVERNMENTS AND THEIR POLICIES
3. The New Italian Government between Break and Continuity: Political Discourse and Constitutional Practices

Luigi Gianniti and Barbara Guastaferro
4. Poland's Defiance Against the CJEU in the Puszcza Bialowieska Case (C-441/17)

Przemyslaw Tacik
5. Hungarian Economic Patriotism and Internal Market Law: Questioning Fundamental Freedoms and Disregarding Fundamental Rights

Mónika Papp and Marton Varju

PART III
CASE STUDIES ON MIGRATION AND FREE MOVEMENT OF PEOPLE
6. Schengen, Migration - and the Resurrection of the Westphalian Nation-State?

Peter Thalmann
7. 'Euroreluctance' at the Heart of Europe? Challenges to the Free Movement of People in Luxembourg
Catherine Warin

PART IV
RESISTANCE WITHIN AND AGAINST THE PRELIMINARY REFERENCE PROCEDURE
8. Who is the National Judge? A Typology of Judicial Attitudes and Behaviours Regarding Preliminary References

Anna Wallerman
9. Attitude or Aptitude? Explaining the Lack of Preliminary References in Dutch Competition Law Cases

Jesse Claassen
10. Reluctance to Participate in the Preliminary Ruling Procedure as a Challenge to EU Law: A Case Study on Slovenia and Croatia

Monika Glavina
11. Game of Courts: The Effects of Constitutional Judicial Conflicts on Polish Judges' Co-operation with the CJEU

Juan A Mayoral

PART V
CONCLUSIONS
12. National Resistance Against EU Law and Governance: Degrees and Manifestations

Clara Rauchegger and Anna Wallerman

Über Autor(innen)

Rauchegger, Clara
Clara Rauchegger is an Assistant Professor of European law at the University of Innsbruck.

Ghavanini, Anna W
Anna W Ghavanini is an Associate Professor at the University of Gothenburg, Sweden.

Clara Rauchegger is an Assistant Professor at the University of Innsbruck.

Anna Wallerman is an Associate Senior Lecturer at the University of Gothenburg.