Enlargement and treaty reform have moved Europe's constitutional debate into the political spotlight. This important new text outlines the main themes of constitutional debate in the EU, analyzes formal and informal constitution-building since the early days of European integration, and introduces the actors and structures behind treaty change.

This book is a thorough and professional study about secession. Starting from the perspective of contemporary political philosophy, the book explores the relevance of this issue for the theory and practice of federalism, as well as its status under current public international law, and concludes with a comparative constitutional analysis of the subject matter. In the final chapter, it provides a constitutionalized procedure of secession, based on fundamental liberal-democratic values. The book argues that a liberal-democratic response to the secession controversy might consist of the constitutionalization of a right to secession. While a number of recent works in political theory point to the fact that, under certain circumstances, the moral right of a group to secession should be recognized, only a few of them are ready to defend the institutionalization of that right through the instruments of constitutional law. This topical and thought-provoking book is a welcome contribution to the ongoing debate on secession and will be of interest to academics in a variety of disciplines, such as law, history, politics, international relations, philosophy and applied ethics, and to politicians and constitution-drafters.

In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.

A comparative and comprehensive account of the jurisprudence of constitutional conflict between the Court of Justice and national courts with the power of constitutional review. This monograph addresses the incidences of, and reasons for, constitutional clashes in the application and enforcement of EU law. It aims to determine how the principle of primacy of EU law works in reality and whether the jurisprudence of the courts under analysis supports this concept. To this end, the book explores the three areas of constitutional conflict: ultra vires review, identity review, and fundamental rights review. The book substantiates the descriptive and strengthens the normative contributions of the theory of constitutional pluralism in relation to the web of relations in the European judicial space. By examining the influence that the jurisprudence of constitutional conflict has on the balance of powers between the Court of Justice and constitutional courts, the volume develops the judicial triangle as an analytical tool that depicts the consequences for the horizontal (constitutional courts vis-à-vis the Court of Justice) and vertical judicial relationships (Court of Justice vis-à-vis ordinary national courts; constitutional courts vis-à-vis ordinary national courts). By offering a thorough compilation of the jurisprudence of constitutional conflict in the EU, The Jurisprudence of Constitutional Conflict in the European Union improves our understanding of the principle of primacy of EU law and its limits, as well as reinforces the theory of constitutional pluralism in explaining and guiding judicial power relations and interactions in the EU.

EU Federalism and Constitutionalism: The Legacy of Altiero Spinelli, edited by Andrew Glencross and Alexander H. Trechsel, represents the first book-length study of the travails of the implementation of federalism at the European level from the perspective of Altiero Spinelli's ideas and his political life, which were both devoted to a federally united Europe. It is also a timely publication given the protracted struggle to implement a new EU institutional architecture—the 2009 Lisbon Treaty—that is already being tested by the fallout from the global financial crisis. This fallout has brought into stark relief the tensions within the EU over the question of enhancing solidarity and federal unity or remaining a looser association of sovereign states. Hence by examining the successes and failures of federalism within the EU system, the book seeks to explain not only how the EU has reached its current impasse but also how it may fare in the future. To achieve this objective, the book takes an interdisciplinary approach that covers all three dimensions of the European project: historical, legal, and political. In this fashion, Andrew Glencross and Alexander H. Trechsel's EU Federalism and Constitutionalism: The Legacy of Altiero Spinelli offers a comprehensive and up-to-date analysis of the history, evolution, and future of federal principles and institutions in the European integration process.

The book proposes a new approach to constitutional analysis of the EU and its legal framework, arguing that the existence of constitutional rights norms within EU law enables this particular legal order to respond effectively to societal and political challenges within the rigidity of constitutionalism. Providing new perspectives on constitutionalism in the EU, this book considers the way the Court of Justice of the European Union (CJEU) discusses and applies the EU citizenship Treaty norms by analysing the courts approach to decision making, which resembles the balancing and weighing of conflicting principles.

The Global Community Yearbook of International Law and Jurisprudence features an annual review of global issues and legal developments from international courts and tribunals. The 2023 edition explores threats to democracy and the environment, international reparations issues, the implications of the Russia-Ukraine and Israel-Palestine conflicts pertaining to international law, and the legality of the ECOWAS's intervention in Niger, among other topics.

The European Union has established itself as a leading text that provides readers from all disciplines with a sound understanding of the economics and policies of the EU. Its wealth of information, detail and analysis has ensured that previous editions have been read by a generation of students, researchers and policy makers. It covers all major EU policy areas as well as theories of economic integration, the theory of economic and monetary union (EMU), the measurement of the economic effects of European integration and the legal dimension in EU integration. It also includes an explanation and analysis of all recent developments affecting the EU such as enlargement, the ratification of the Nice Treaty and the Convention for the Future of Europe. This edition has been thoroughly revised and updated and includes new resources to help students and teachers, including summaries, review questions, suggestions for essay titles and further reading lists.

How sub-national constitutions influence constitutional change and adaptation in federations.

This book is for undergraduate and postgraduate students of EU law. It provides critical reflection by situating EU law in an unparalleled manner against its wider political and economic contexts and captures the significance of EU law by including contemporary topics that are not in traditional accounts of EU law.