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Research Handbook on Legal Pluralism and EU Law
The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.
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Critical Acclaim
Contributors
Contents
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The Research Handbook on Legal Pluralism and EU Law explores the phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.
Addressing pluralism within policy areas such as EMU, migration, and external relations, and applying different perspectives – from the constitutionalist to the Foucauldian – this diverse collection of thinkers about EU law ask whether a pluralist perspective is part of the problem or part of the solution. Contributors offer both critical and positive assessments of the value of pluralist thinking in the EU whilst addressing major issues facing the EU now – Brexit, populism, migration, the Euro-crisis – and asking what lessons can be learned from and for pluralism.
This Research Handbook will be invaluable reading for legal academics specialising in EU law, EU constitutional Law, legal theory and political scientists focused on legal aspects of EU integration. Students on advanced courses in EU law and EU constitutional law, as well as judges at the Court of Justice and higher national courts, will also find this stimulating reading.
Addressing pluralism within policy areas such as EMU, migration, and external relations, and applying different perspectives – from the constitutionalist to the Foucauldian – this diverse collection of thinkers about EU law ask whether a pluralist perspective is part of the problem or part of the solution. Contributors offer both critical and positive assessments of the value of pluralist thinking in the EU whilst addressing major issues facing the EU now – Brexit, populism, migration, the Euro-crisis – and asking what lessons can be learned from and for pluralism.
This Research Handbook will be invaluable reading for legal academics specialising in EU law, EU constitutional Law, legal theory and political scientists focused on legal aspects of EU integration. Students on advanced courses in EU law and EU constitutional law, as well as judges at the Court of Justice and higher national courts, will also find this stimulating reading.
Critical Acclaim
‘This Handbook is a valuable contribution that codifies the efforts of many of the contributors of the movement, providing a certain coherence to the polyphony that characterized (and still characterizes) its members. Through twenty-three contributions ranging from “classics” of the movement to some of its most recent and promising voices, the book provides a holistic vision of the movement, including its critics as well.’
– Daniel Sarmiento, Common Market Law Review
‘This collection will be of real value to all those interested in the difficult and topical questions of legal pluralism in the European Union. At a time of significant stress within the EU economic, political and legal orders, the essays address a range of themes and topics ranging from broad theoretical and constitutional reflections to more focused case studies of EMU, citizenship, migration and border control, and the EU’s relations with non-EU states. The editors have assembled an impressive array of scholars from across the EU to present their particular understandings and critiques of the idea of legal and constitutional pluralism, to interrogate the relationship of legal pluralism to democracy, and to investigate the significance of these ideas in the European Union at present.’
– Gráinne de Búrca, New York University, School of Law, US
‘Legal pluralism has become a central concept by which to unpack EU and transnational law. It remains, however, an under-applied and under-theorised framework. This Research Handbook decisively fills this gap, developing pluralism’s theoretical foundations in novel directions through an outstanding group of contributors and using the concept to re-visit active debates in EU law and politics. I would recommend it to anyone as the definitive guide to legal pluralism in the EU for decades to come.’
– Mark Dawson, Hertie School of Governance, Germany
– Daniel Sarmiento, Common Market Law Review
‘This collection will be of real value to all those interested in the difficult and topical questions of legal pluralism in the European Union. At a time of significant stress within the EU economic, political and legal orders, the essays address a range of themes and topics ranging from broad theoretical and constitutional reflections to more focused case studies of EMU, citizenship, migration and border control, and the EU’s relations with non-EU states. The editors have assembled an impressive array of scholars from across the EU to present their particular understandings and critiques of the idea of legal and constitutional pluralism, to interrogate the relationship of legal pluralism to democracy, and to investigate the significance of these ideas in the European Union at present.’
– Gráinne de Búrca, New York University, School of Law, US
‘Legal pluralism has become a central concept by which to unpack EU and transnational law. It remains, however, an under-applied and under-theorised framework. This Research Handbook decisively fills this gap, developing pluralism’s theoretical foundations in novel directions through an outstanding group of contributors and using the concept to re-visit active debates in EU law and politics. I would recommend it to anyone as the definitive guide to legal pluralism in the EU for decades to come.’
– Mark Dawson, Hertie School of Governance, Germany
Contributors
Contributors: M. Avbelj, M. Cahill, G. Cornelisse, G. Davies, N. de Boer, P. Eleftheriadis, T. Flynn, M. Goldmann, C. Kaupa, R.D. Kelemen, P.F. Kjaer, D. Kochenov, J. Lawrence, P. Leino, L. Leppävirta, J. Lindeboom, P. Lindseth, c. Mac Amhlaigh, G. Martinico, F.-X. Millet, J. Přibáň, S. Sankari, K. Tuori, N. Walker
Contents
Contents:
1. Introduction
Matej Avbelj, Gareth Davies
Part I The Nature of European Legal Pluralism
2. Claim-Making and Parallel Universes: Legal Pluralism from Church and Empire to Statehood and the European Union
Poul F. Kjaer
3. Subverting Sovereignty’s Voluntarism: Pluralism and Subsidiarity in Cahoots
Maria Cahill
4. From Pluralism to Perspectivism
Kaarlo Tuori
Part II Theorizing EU Constitutional Pluralism
5. The Anatomy of Constitutional Pluralism in the European Union
Cormac Mac Amhlaigh
6. Constitutional Conflicts and Agonistic Pluralism: What Can We Learn From Political Theory?
Giuseppe Martinico
7. Human Dignity and EU Legal Pluralism
Matej Avbelj
8. Constitutional Pluralism Beyond Monism and Dualism
François-Xavier Millet
9. Triangular Constitutionalism: The Consequences of Constitutional Pluralism for Domestic Constitutional Thought
Tom Flynn
10. The Sociological Concept of EU Constitutional Pluralism
Jiří Přibáň
Part III EU Legal Pluralism and Democracy
11. Pluralism through Its Denial: The Success of EU Citizenship
Dimitry Kochenov and Justin Lindeboom
12. The False Promise of Constitutional Pluralism
Nik de Boer
13. The Metabolic Constitution and the Limits of EU Legal Pluralism
Peter Lindseth
14. Of Politics and Pluralism: Governmentality and the EU Legal Order
Jessica Lawrence
15. The Pluralist Socio-economic Character of the European Treaties
Clemens Kaupa
Part IV The Practice of EU Legal Pluralism and its Future
16. Is there Room for Legal Pluralism in EU Relations with Third States? A Study of Nordic Approaches to European Integration
Päivi Leino and Liisa Leppävirta
17. Constitutional Pluralism and Judicial Adjudication: On Legal Reasoning, Minimalism and Silence by the Court of Justice
Suvi Sankari
18. Interpretative Pluralism within EU Law
Gareth Davies
19. Discretion, not Rules: Postunitary Constitutional Pluralism in the Economic and Monetary Union
Matthias Goldmann
20. The EU’s Relationship to International Law: Lessons from Brexit
Pavlos Eleftheriadis
21. Legal Pluralism in the European Regulation of Border Control: Disassembling, Diffusing, and Legalising the Power to Exclude
Galina Cornelisse
22. The Dangers of Constitutional Pluralism
R. Daniel Kelemen
Afterword
23. Pluralism Then and Now
Neil Walker
Index
1. Introduction
Matej Avbelj, Gareth Davies
Part I The Nature of European Legal Pluralism
2. Claim-Making and Parallel Universes: Legal Pluralism from Church and Empire to Statehood and the European Union
Poul F. Kjaer
3. Subverting Sovereignty’s Voluntarism: Pluralism and Subsidiarity in Cahoots
Maria Cahill
4. From Pluralism to Perspectivism
Kaarlo Tuori
Part II Theorizing EU Constitutional Pluralism
5. The Anatomy of Constitutional Pluralism in the European Union
Cormac Mac Amhlaigh
6. Constitutional Conflicts and Agonistic Pluralism: What Can We Learn From Political Theory?
Giuseppe Martinico
7. Human Dignity and EU Legal Pluralism
Matej Avbelj
8. Constitutional Pluralism Beyond Monism and Dualism
François-Xavier Millet
9. Triangular Constitutionalism: The Consequences of Constitutional Pluralism for Domestic Constitutional Thought
Tom Flynn
10. The Sociological Concept of EU Constitutional Pluralism
Jiří Přibáň
Part III EU Legal Pluralism and Democracy
11. Pluralism through Its Denial: The Success of EU Citizenship
Dimitry Kochenov and Justin Lindeboom
12. The False Promise of Constitutional Pluralism
Nik de Boer
13. The Metabolic Constitution and the Limits of EU Legal Pluralism
Peter Lindseth
14. Of Politics and Pluralism: Governmentality and the EU Legal Order
Jessica Lawrence
15. The Pluralist Socio-economic Character of the European Treaties
Clemens Kaupa
Part IV The Practice of EU Legal Pluralism and its Future
16. Is there Room for Legal Pluralism in EU Relations with Third States? A Study of Nordic Approaches to European Integration
Päivi Leino and Liisa Leppävirta
17. Constitutional Pluralism and Judicial Adjudication: On Legal Reasoning, Minimalism and Silence by the Court of Justice
Suvi Sankari
18. Interpretative Pluralism within EU Law
Gareth Davies
19. Discretion, not Rules: Postunitary Constitutional Pluralism in the Economic and Monetary Union
Matthias Goldmann
20. The EU’s Relationship to International Law: Lessons from Brexit
Pavlos Eleftheriadis
21. Legal Pluralism in the European Regulation of Border Control: Disassembling, Diffusing, and Legalising the Power to Exclude
Galina Cornelisse
22. The Dangers of Constitutional Pluralism
R. Daniel Kelemen
Afterword
23. Pluralism Then and Now
Neil Walker
Index
