Download or read book EU Federalism and Constitutionalism written by Andrew Glencross and published by Lexington Books. This book was released on 2010-10-21 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Rules of Federalism written by R. Daniel. KELEMEN and published by Harvard University Press. This book was released on 2009-06-30 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena. In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes. Table of Contents: Acknowledgments 1. Regulatory Federalism and the EU 2. Environmental Regulation in the EU 3. Environmental Regulation in the United States 4. Environmental Regulation in Germany 5. Environmental Regulation in Australia and Canada 6. Food and Drug Safety Regulation in the EU 7. Institutional Structure and Regulatory Style Notes References Cases Cited Index R. Daniel Kelemen's The Rules of Federalism is an important contribution to both the literature on federalism and on the European Union. It makes an original theoretical and empirical contribution to our understanding of regulatory federalism and sheds new light on the federal systems which it compares. It will open up new avenues of inquiry. --Alberta Sbragia, University of Pittsburgh The Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Keleman's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union. --Susan Rose-Ackerman, Yale Law School
Download or read book Federalism in the European Union written by Elke Cloots and published by Bloomsbury Publishing. This book was released on 2012-09-03 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume aims to reveal the Janus-faced character of federalism in the European Union. Federalism appears in two main forms in the EU. On the one hand, numerous formerly unitary Member States have embarked on a path towards a (quasi-)federal governance structure. On the other hand, the EU itself is sometimes qualified as a federal system. Significantly, the concept of federalism has a very different, even opposite, connotation in both contexts. When associated with Member State reform, federalism is regarded as a technique for accommodating autonomy claims of sub-state nations. By contrast, when federalism is used as a label for the EU itself, it is conceived as a far-reaching way of integrating the nations of Europe. This dual appearance of federalism in the EU context is central to the structure of the book. The first collection of essays addresses the question whether the EU may be described as a federal system, and whether it can learn from existing federations. In the second set of contributions, the attention shifts to domestic federalisation processes, more particularly to the impact of these processes on EU law and vice versa.
Download or read book Europe s Hidden Federalism written by Bojan Kovacevic and published by Routledge. This book was released on 2017-05-18 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The hidden federal features of the European Union help explain the challenges of legitimacy, democracy and freedom that face an unfinished political community. Ideas about federalism and the reality of existing federal states cannot be sharply divided in an analysis of the EU’s multilevel political order, but so far, both scholars and major decision makers have shown interest only in the normal functioning of federal systems: ignoring the dilemma of the federation’s legitimate authority has resulted in an existential crisis for the EU which has become ever more manifest over recent years. This book employs a combination of political philosophy and political science, of federal philosophic ideas and their traces in real federal institutions, in order to achieve the task of understanding the federal features of the EU governance system. The first part of the work focuses on building an appropriate theoretical framework to explain the new meanings attached to familiar notions of democracy, legitimacy and citizenship in the context of a political community like the EU. In the second part the federal features of the EU’s political system are examined in comparison to other current and historical federal perspectives like the US, Switzerland, Yugoslavia and Germany. Through an analysis of the hidden federal aspects of the EU and the links between hidden federalism and the EU’s legitimacy crisis, this book reveals the patterns that should be avoided and gives us guidelines that should be followed if the EU is to become democratic and politically united without jeopardising the state character of its members.
Download or read book The Federal Vision written by Kalypso Nicolaidis and published by OUP Oxford. This book was released on 2001-11-01 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Federal Vision is about the complex and changing relationship between levels of governance within the United States and the European Union. Based on a transatlantic dialogue between scholars concerned about modes of governance on both sides, it is a collective attempt at analysing the ramifications of the legitimacy crisis in our multi-layered democracies, and possible remedies. Starting from a focus on the current policy debatea over devolution and subsidiarity, the book engages the reader in to the broader tension of comparartive federalism. Its authors believe that in spite of the fundamental differences between them, both the EU and the US are in the process of re-defining a federal vision for the 21st century. This book represents an important new contribution to the study of Federalism and European integration, which seeks to bridge the divide between the two. It also bridges the traditional divide between technical, legal or regulatory discussions of federal governance and philosophical debates over questions of belonging and multiple identities. It is a multi-disciplinary project, bringing together historians, political scientists and theorists, legal scholars, sociologists and political economists. It includes both innovative analysis and prescriptions on how to reshape the federal contract in the US and the EU. It includes introductions to the history of federalism in the US and the EU, the current debates over devolution and subsidarity, the legal framework of federalism and theories of regulatory federalism, as well as innovative approaches to the application of network analysis, principal-agent models, institutionalist analysis, and political theories of citizenship to the federal context. The introduction and conclusion by the editors draws out cross-cutting themes and lessons from the thinking together of the EU and US experiences, and suggest how a federal vision could be freed from the hierarchical paradigm of the federal state and articulated around concepts of mutal tolerence and empowerment.
Download or read book Democracy and Federalism in the European Union and the United States written by Sergio Fabbrini and published by Routledge. This book was released on 2005-02-25 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together influential political scientists and historians to compare the European and American experiences of federalism, exploring the future development and seeking a better understanding of a post-national EU democracy.
Download or read book The Constitutional Theory of the Federation and the European Union written by Signe Rehling Larsen and published by Oxford University Press. This book was released on 2021-02-04 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the start of the European integration process, one question has puzzled scholars: what type of political association is the European Union? In absence of an agreed upon response, most scholars have suggested that the European Union is 'sui generis'. This book challenges the sui generis thesis by demonstrating that the EU is not a unique form of association, but rather a federal union of states, or what this book calls a federation. This is a discrete form of political association on par with, though differentiated from, political modernity's two other main forms, namely the state and the empire. The federation cannot be understood on the basis of the general theory of the state or its concept of sovereignty. The 'statist' imaginary still dominates both the debates on federalism and the EU, meaning that all federal policies are either seen as 'confederal' associations of sovereign states or sovereign federal states. This book challenges this binary by demonstrating that the federation is not a 'super state' but a discrete political form with its own constitutional theory. It is characterized by a double political existence, a lack of internal hierarchy, and the internal absence, contestation, or repression of sovereignty. This book details the key aspects of federal constitutional theory and how this theory accounts for the EU's constitutional form as well as the crises it has faced in recent years. This book is broken into five chapters that cover the introduction to federalism, origins of the EU, state transformation and teleology, unity in diversity, and emergency rule without a sovereign. This book draws on a variety of literatures and historical material to help the reader develop a critical understanding of 'constitutional myths' and the theory of federalism.
Download or read book The Constitutional Boundaries of European Fiscal Federalism written by Brady Gordon and published by . This book was released on 2022 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book bridges the study of European constitutionalism with the study of 'fiscal federalism' - the subfield of public economics concerned with structuring public finances between different levels of government in federal states. On one axis, this book delves into European Union and Member State constitutional law from all EU Member States in order to investigate and identify the existence of permanent constitutional boundaries that will impinge upon the selection of proposed models for EU fiscal federalism. On the second axis, this book engages the study of fiscal federalism in order to determine which institutional configurations known to that field remain legally and economically implementable within those boundaries. It provides a far-reaching investigation of which models of fiscal federalism are compatible with the constitutional boundaries of the European legal order.
Download or read book Federalizing Europe written by Joachim Jens Hesse and published by OUP Oxford. This book was released on 1996 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: The constitutional and institutional development of the European Union, and federalism in particular, are widely and intensively debated. The issue of federalism has proved to be divisive and misunderstood. This book provides a critical reappraisal of the political, economic, and socio-cultural potential of current federal political-institutional arrangements. It includes both an analysis of their necessary preconditions as well as an evaluation of their advantages and disadvantages compared with other forms of state organization. The authors examine the issue at the level of the Union, the member states, and the states of Central and Eastern Europe, reflecting the increasing interdependence and interplay of these three levels: nation states in all parts of Europe influencing one another and the Union, and being influenced by it. The book concludes with an overall assessment of the federalizing processes at work in Europe, both at the Union and the nation state level, and points out the problems, paradoxes, and likely outcomes of these processes.
Download or read book Constitutional Dynamics in Federal Systems written by Michael Burgess and published by McGill-Queen's Press - MQUP. This book was released on 2012 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: How sub-national constitutions influence constitutional change and adaptation in federations.
Download or read book Federalism Doomed written by Andreas Heinemann-Grüder and published by Berghahn Books. This book was released on 2002-01-01 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conceptual uncertainty when dealing with processes of integration and disintegration in Europe is striking because traditional notions of the nation-state, constitutionalism, sovereignty, and federalism do not account for emerging realities in either Western or Eastern Europe. This volume explores the complex inter-relationship between federal arrangements and their effects on integrating multi-ethnic societies in Europe, and takes stock of current debates on the effects of federalism on integration and disintegration in Eastern and Western Europe. For the first time federalism is addressed in a pan-European context and an attempt is made to look for remedies to overcome nationalism in both East and West within a federalist institutional framework.
Download or read book Approaching the EUropean Federation written by Søren Dosenrode and published by Routledge. This book was released on 2016-04-08 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European project has, within only 52 years, achieved a surprising momentum, and the European Union is now approaching full statehood. The Convention on the Future of Europe has finished its work and handed over a proposal for a constitutional treaty to the Heads of State and Government of the EU. It is therefore the ideal time to present an integrated analysis of what appears to be the emerging European State. This key volume therefore discusses the central questions and concepts within the field of European studies, which include federalism, the relationship between statehood and constitution, integration and constitution, the regions in the 'new' Europe and the EU as an international actor. These discussions are then developed and analyzed in relation to the draft constitution. Timely and insightful, the volume is suitable for courses on European integration, federalism and international politics.
Download or read book From Dual to Cooperative Federalism written by Robert Schütze and published by Oxford University Press, USA. This book was released on 2009-10-15 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the federal philosophy underlying the law-making function in the European Union? Which federal model best characterizes the European Union? This book analyses and demonstrates how the European legal order evolved from a dual federalism towards a cooperative federalist philosophy.
Download or read book Europe s Functional Constitution written by Turkuler Isiksel and published by Oxford University Press. This book was released on 2016 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of "functional constitutionalism" to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.
Download or read book The EU and Federalism written by Finn Laursen and published by Ashgate Publishing, Ltd.. This book was released on 2011 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing the evolution of federalist theory and the EU, this book brings together a distinguished array of experts from around the world to debate the pros and cons of treating the EU in a comparative context. Contributors ask whether a constitutional equilibrium has been reached in the EU, and examine policymaking in areas such as employment, health, environment, security, and migration.
Download or read book From Dual to Cooperative Federalism written by Robert Schütze and published by OUP Oxford. This book was released on 2013-01-31 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the federal philosophy inspiring the structure of European law? The federal principle stands for constitutional arrangements that find "unity in diversity". The two most influential manifestations of the federal principle emerged under the names of "dual" and "cooperative" federalism in the constitutional history of the United States of America. Dual federalism is based on the idea that the federal government and the State governments are co-equals and each is legislating in a separate sphere. Cooperative federalism, on the other hand, stands for the thought that both governments legislate in the same sphere. They are hierarchically arranged and complement each other in solving a social problem. Can the European Union be understood in federal terms? The book's general part introduces three constitutional traditions of the federal idea. Following the American tradition, the European Union is defined as a Federation of States as it stands on the "middle ground" between international and national law. But what federal philosophy has the European Union followed? The special part of the book investigates the structure of European law. Three arguments are advanced to show the evolution of the European legal order from dual to cooperative federalism. The first looks at the decline of constitutional exclusivity on the part of the Member States and the European Union. For almost all objects of government, the Union and its States operate in a universe of shared powers. The second argument analyses the decline of legislative exclusivity. European and national legislation - increasingly - complement each other to solve a social problem. The third argument describes the "constitutionalisation" of cooperative federalism in the form of the principle of subsidiarity and the idea of complementary competences. A final Chapter is dedicated to Europe's foreign affairs federalism. It analyses, whether the external sphere must be regarded as subject to different constitutional or federal principles. The book concludes that cooperative federalism will benefit both levels of government - the Union and the Member States - as the constitutional mechanism of uniform European standards complemented by diverse national standards best expresses the federal idea of "unity in diversity".
Download or read book Foreign Relations Federalism written by Thomas Verellen and published by Oxford University Press. This book was released on 2023-05-09 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are foreign relations constitutionally structured in federal unions? How does the foreign affairs constitution of the European Union - itself a federal union in all but name - compare to that of other federal unions? Foreign Relations Federalism: The EU in Comparative Perspective addresses these questions. It offers a comparative analysis of the constitutional framework in which foreign relations are conducted in four federal unions: the United States, Canada, Belgium, and the European Union. The EU takes up a special position in the book. Over a decade since the Treaty of Lisbon entered into force, the EU's foreign affairs constitution continues to evolve. New institutional practices emerge and cases continue to be brought before the Court of Justice of the European Union. The pace of constitutional change is fast, and there is a sustained need for critical and constructive legal analysis of that change. By comparing the constitutional experience of the EU to that of other federal unions, Foreign Relations Federalism contributes to fulfilling this need. It is a must-read for anyone interested in the EU's constitutional development, the role of the EU in foreign affairs, and the constitutional treatment of foreign relations in federal unions other than the EU.
