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Balancing Unity and Diversity in EU Legislation
Presenting cutting-edge insights into the current state of EU legislation, this book addresses the profound changes that the EU’s legislature has undergone in recent years and how these shape the development of EU law. At the heart of this inquiry is how the strive for uniform EU legislation is balanced with the necessity to leave a certain degree of autonomy to Member States.
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Critical Acclaim
Contributors
Contents
More Information
Presenting cutting-edge insights into the current state of EU legislation, this book addresses the profound changes that the EU’s legislature has undergone in recent years and how these shape EU law. At the heart of this inquiry is how the strive for uniform EU legislation is balanced with the necessity to leave a certain degree of autonomy to member states, and how such tension between unity and diversity is reflected in the design of EU legislation.
Featuring sectoral and cross-sectoral contributions from a diverse array of distinguished academics, the book examines how the tension between EU unity and national autonomy has evolved over time. In particular it considers the response to significant new developments in the EU constitutional and law-making framework. The chapters explore the legislative strategies that have been adopted across various fields of EU law and policy to shape unity and diversity, and the practical, conceptual, and constitutional issues that these engender. Case studies from different EU fields and member states are critically analysed alongside key concepts including harmonization, derogations, proportionality, and effectiveness.
Both incisive and authoritative, this book will prove indispensable to academics, researchers and students with an interest in constitutional and administrative law, law and politics, and European law, politics and policy. Legal practitioners and policymakers wanting a better understanding of EU legislation and its impact on national legal orders will similarly benefit from the analysis and recommendations this important book makes.
Featuring sectoral and cross-sectoral contributions from a diverse array of distinguished academics, the book examines how the tension between EU unity and national autonomy has evolved over time. In particular it considers the response to significant new developments in the EU constitutional and law-making framework. The chapters explore the legislative strategies that have been adopted across various fields of EU law and policy to shape unity and diversity, and the practical, conceptual, and constitutional issues that these engender. Case studies from different EU fields and member states are critically analysed alongside key concepts including harmonization, derogations, proportionality, and effectiveness.
Both incisive and authoritative, this book will prove indispensable to academics, researchers and students with an interest in constitutional and administrative law, law and politics, and European law, politics and policy. Legal practitioners and policymakers wanting a better understanding of EU legislation and its impact on national legal orders will similarly benefit from the analysis and recommendations this important book makes.
Critical Acclaim
‘In this remarkable book, a new generation of EU law scholars revisits what is, and remains, the central legal tool of European integration, namely the adoption and implementation of EU legislation, by paying special attention to the way unity and diversity are balanced in the content of those legislative instruments.’
– Bruno de Witte, Maastricht University, the Netherlands
‘This rich collection of essays significantly redresses the relative lack of attention given to EU legislation as a field of study. The contributors also take us closer to overcoming many of the complex challenges posed by accommodating the ideals of both unity and diversity in procedural and substantive EU law.’
– Niamh Nic Shuibhne, University of Edinburgh, UK
– Bruno de Witte, Maastricht University, the Netherlands
‘This rich collection of essays significantly redresses the relative lack of attention given to EU legislation as a field of study. The contributors also take us closer to overcoming many of the complex challenges posed by accommodating the ideals of both unity and diversity in procedural and substantive EU law.’
– Niamh Nic Shuibhne, University of Edinburgh, UK
Contributors
Contributors include: Jan Biemans, Vincent Delhomme, Sybe A. de Vries, Bram Duivenvoorde, Cristina Fasone, Matteo Gargantini, Xavier Groussot, Dorin-Ciprian Grumaz, Willem A. Janssen, Małgorzata KozakSalvatore Nicolosi, Virginia Passalacqua, Gunnar Thor Petursson, Pauline Phoa, Ton Van Den Brink
Contents
Contents
1 Introduction: balancing unity and diversity in EU legislation
Ton van den Brink and Virginia Passalacqua
2 Recent trends in EU internal market legislation
Sybe A. de Vries
3 Harmonization through adjudication
Gunnar Thor Petursson and Xavier Groussot
4 Emergency legislation in European Union law
Salvatore Fabio Nicolosi
5 EU norms posing institutional obligations on Member States
Cristina Fasone
6 The Unfair Commercial Practices Directive and the uneasy relationship between maximum harmonisation, open norms and self-regulation
Bram Duivenvoorde
7 Consumer protection directives and private law enforcement
Jan Biemans
8 Regulatory harmonization and fragmentation in the Capital Markets Union
Matteo Gargantini
9 Private enforcement of competition law
Małgorzata Kozak
10 On discretion and sustainability in EU public procurement law
Willem A. Janssen
11 Minimum harmonization, experimentation and the internal market
Vincent Delhomme
12 The EU’s international commitments and their impact on
the EU legislative process
Dorin-Ciprian Grumaz
13 Unity and diversity in the Common Agricultural Policy
Pauline Phoa
14 Synthesis – balancing unity and diversity in composite legislative frameworks
Ton van den Brink and Virginia Passalacqua
Index
1 Introduction: balancing unity and diversity in EU legislation
Ton van den Brink and Virginia Passalacqua
2 Recent trends in EU internal market legislation
Sybe A. de Vries
3 Harmonization through adjudication
Gunnar Thor Petursson and Xavier Groussot
4 Emergency legislation in European Union law
Salvatore Fabio Nicolosi
5 EU norms posing institutional obligations on Member States
Cristina Fasone
6 The Unfair Commercial Practices Directive and the uneasy relationship between maximum harmonisation, open norms and self-regulation
Bram Duivenvoorde
7 Consumer protection directives and private law enforcement
Jan Biemans
8 Regulatory harmonization and fragmentation in the Capital Markets Union
Matteo Gargantini
9 Private enforcement of competition law
Małgorzata Kozak
10 On discretion and sustainability in EU public procurement law
Willem A. Janssen
11 Minimum harmonization, experimentation and the internal market
Vincent Delhomme
12 The EU’s international commitments and their impact on
the EU legislative process
Dorin-Ciprian Grumaz
13 Unity and diversity in the Common Agricultural Policy
Pauline Phoa
14 Synthesis – balancing unity and diversity in composite legislative frameworks
Ton van den Brink and Virginia Passalacqua
Index
