The Constitutional Limits of EU Action
By (author) Grainne de Burca
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Constitutional Limits of EU Action by Grainne de Burca
Book DescriptionThis important new book explores the issues underlying current and longstanding concerns over the 'creeping competences' of the European Union. A fundamental question since the early origins of the European Union in the functionally limited economic, coal and steel and atomic energies communities of the 1950s has been the legitimate scope and limits of its powers of action, and the relationship between these powers and those of its component Member States. This issue, which centres on the legitimacy of different levels and fora of government within a complex and growing economic and political entity, has been brought to prominence again by the constitutional agenda set by the European Council at Nice. Specifically, it has been highlighted by the call for a more precise delimitation of competences between the EU and the Member States. This book seeks to identify some of the issues of democracy and legitimacy which underlie the anxiety of state and sub-state entities over the 'creeping competences' of the EU on the one hand, and the questions of capacity and interdependence which pull in the direction of supranational and transnational action and governance on the other. Drawing on a number of recent controversies over matters such as public health and tobacco advertising, and the scope of the EU's human rights powers in the wake of the Charter, the book examines the problems inherent in an attempt to draw up a clear list of competences. It is suggested that the crucial issues are those of institutional design and constitutional culture - including a renewed commitment to a better articulated notion of subsidiarity - rather than definitional fiat.
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Book DetailsISBN: 9780198299578
(234mm x 156mm x 3mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 1-Apr-2016
Country of Publication: United Kingdom
Books By Author Grainne de Burca
EU Law, Paperback (July 2015)
This definitive textbook with unmatched standing has earned its premier reputation by consistently delivering carefully chosen extracts from a range of materials, with clear and insightful analysis from renowned authors Paul Craig and Grainne de Burca.
Critical Legal Perspectives on Global Governance, Paperback (May 2015)
In this book critical scholars from the EU, and North and South America explore the forms of law that are emerging in the global governance context, the processes and legal roles that have developed, and the critical discourses that have been formed.
Europe's Justice Deficit?, Hardback (March 2015)
This edited volume brings together contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context and appraises the existence and nature of the justice deficit in the EU.
Worlds of European Constitutionalism, Hardback (October 2011)» View all books by Grainne de Burca
Investigates the relationship between the EU, national and international legal orders through the lenses of constitutionalism and pluralism.
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Author Biography - Grainne de Burca
Grainne de Burca is Professor of EU Law at the European University Institute
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