European Union constitutionalism in crisis / Nicole Scicluna.
2015
KJE4445 .S374 2015 (Map It)
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Details
Author
Title
European Union constitutionalism in crisis / Nicole Scicluna.
Published
Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2015.
Call Number
KJE4445 .S374 2015
ISBN
9781138801608 (hbk.)
1138801607 (hbk.)
9781315754543
1138801607 (hbk.)
9781315754543
Description
xi, 168 pages ; 24 cm.
System Control No.
(OCoLC)881664695
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Acknowledgements
x
List of abbreviations
xii
Introduction
1
Reframing EU constitutionalism
1
Legalisation and de-legalisation: the impact of the twin crises
3
Structure of the book
8
1.
A 'quiet revolution"? The self-limiting success of the EU's uncodified constitution
17
Introduction: constitutionalism in the EU and its limits
17
Can constitutionalism beyond the state happen?
26
Integration through (judge-made) law
30
The judicialisation of politics and its impact on European integration
32
Locating people and place: a comparison between EU and federal constitutionalism
38
Concluding remarks: the competing narratives of EU constitutionalism and their legal and political consequences
41
2.
Constructing and reconstructing the Constitution for Europe
49
Introduction: the end of the 'permissive consensus' and the search for solidarity in a formal European Constitution
49
Constitutional patriotism for Europe? Connecting the universal to the particular
50
Not quite Philadelphia: framing the Constitution for Europe
53
Constitutional patriotism in the Constitutional Treaty: can legally sanctioned symbolism be effective?
55
The failure of the Constitutional Treaty and its consequences for the integration project
58
Did the Lisbon Treaty retreat from constitutionalism or advance it in another direction?
61
Concluding remarks: the Constitution for Europe and the political limits of legal integration
63
3.
Contesting EU constitutionalism in Karlsruhe
71
Introduction: the German Constitutional Court and the limits of EU law
71
Reconciling sovereign statehood with European integration
73
Fundamental rights as a source of contention between the ECJ and GCC
77
The Maastricht decision: integration so far and no farther
78
The Lisbon decision: a restatement of the limits of European integration through law
81
The Honeywell decision: a more conciliatory approach by the GCC
83
The GCC and the euro rescue: framing the Court's role
84
The Court's reaction to the euro rescue: yes, no and maybe
87
Concluding remarks: the creation and recreation of EU constitutionalism through judicial contestation
92
4.
EU constitutionalism's democracy gap: a law of intended and unintended consequences
98
Introduction: why the democratic deficit matters
98
The impact of the democratic deficit at the national level
102
The impact of the democratic deficit at the European level
106
Why the European Union is more than a constrained technocratic body
111
Concluding remarks: the crisis of EU constitutionalism as a crisis for democracy in Europe
113
5.
The euro crisis as a 'loud revolution': the limits of law and the rise of new forms of technocracy
120
Introduction: Economic and Monetary Union and its crisis
120
The euro crisis and integration theory: spillover or spillback?
120
The new economic governance: 'de-legalised' but not re-democratised
123
From Beethoven to bailouts: the European Union in search of a 'constitutional moment'
128
The end of integration via constitutionalisation: what role for courts in the euro crisis?
132
A new hero for a new mode of integration?
135
Concluding remarks: politicisation without democratisation
139
Conclusion
147
Confronting the crisis of EU constitutionalism
147
What next for European integration?
151
Index
157