Constitutional Change in the EU : From Uniformity to Flexibility.

This collection of essays addresses the changing constitutional framework of the EU and some of the changing patterns of governance within this complex polity. It examines the apparent and gradual shift in the paradigm of European governance from one emphasising uniformity and harmonisation to one w...

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Bibliographic Details
Online Access: Full text (MCPHS users only)
Main Author: Búrca, Gráinne de
Other Authors: Scott, Joanne
Format: Electronic eBook
Language:English
Published: London : Bloomsbury Publishing, 2000
Subjects:
Local Note:ProQuest Ebook Central
Table of Contents:
  • Half Title Page; Half Title verso; Title Page; Title verso; Contents; Contributors; Acknowledgements; Table of Cases; Table of Legislation; Table of Statutory Instruments; Table of EU Secondary Legislation; Table of Treaties; 1. Introduction; 2. Flexibility within a Metaconstitutional Frame: Reflections on the Future of Legal Authority in Europe; Introduction; Law and Flexibility; Building a Metaconstitutional Frame; The Value of Metaconstitutionalism; 3. Old-fashioned Flexibility: International Agreements between Member States of the European Union; Introduction.
  • A Small Typology of Inter Se AgreementsThe Legal Regime of Inter Se Agreements; Conclusion; 4. Flexible Models: External Policy and the European Economic Constitution; Introduction: Flexibility and Differentiation; Regional, Developmental and Conditional Differentiation; Flexibility; The Economic Constitution; 5. Flexibility and the European Court of Justice; Introduction; The Court in a Differentiated Legal Order; The Closer Co-operation Framework and the Court; The Future of the Restructured Judicial Architecture; Conclusion.
  • 6. Flexibility in the Geographical Scope of EU Law: Diversity and Differentiation in the Application of Substantive Law on Member States'' TerritoriesIntroduction; Flexibility in the Scope of the Treaties: A Union Without a Terriroty; Flexibility Within the Internal Market: Masters of the Treaties v. ECJ?; Conclusions; ANNEX A. ARTICLE 299 (EX ARTICLE 227) TEC; ANNEX B. ARTICLE 227(2) OF THE ROME TREATY (BEFORE AMSTERDAM); ANNEX C. DECLARATION ON THE OUTERMOST REGIONS OF THE COMMUNITY(MAASTRICHT, 1992); ANNEX D. STATISTICAL INFORMATION.
  • 7. Differentiation within the Core: The Case of the Common MarketIntroduction; The Notion of ""Core""; Legislating for the Common Market; Differentiation Within the Common Market; The Common Market as ""Core""; After Amsterdam: Revisiting Differentiation Within the Common Market; Analysing the Reasons for Legislative Differentiation and the Extent of Commitment to the Core; Conclusion; 8. EMU and the Catch-22 of EU Constitution-making; EMU Fundamentals; E(M)U Differentiation in a Nutshell; EMU and the EU''s Constitution; 9. Flexibility and Social Policy; The Many Meanings of Flexibility.
  • Governance and Social PolicyFlexibility and Employment; Conclusions; 10. Flexibility and European Law: A Labour Lawyer''s View; Preliminary Remarks; Labour Law and Flexibility: The Lessons from an Odd Couple; Flexibility in European Labour Law; A Conclusion: Flexibility, Good, Bad or None of the Above?; 11. Finding Space for Closer Co-operation in the Field of Culture; Introduction; The Expansion of the EC''s Competence; The Criteria for ""Closer Co-operation""; ""Hemming in"": The Example of Culture; Is there a Future for ""Closer Co-operation""?; Conclusion.