EU Law: Text, Cases, and Materials

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The focus in the second half of the chapter shifts to democracy itself, and analysis of the burgeoning literature concerned with the nature of EU democracy, the extent to which the EU suffers from a democratic deficit and the ways in which it can be alleviated. There is a significant measure of agreement as to the problematic features within the EU from a democratic perspective. The scholarly divergence turns on differences as to the importance of different factors in assessing EU democracy, which leads to differences of view on aspects of the democratic deficit critique. The discussion will draw on insights from integration theory where relevant to the inquiry. These tensions were readily apparent in the third period, which covers the Constitutional Treaty and the Lisbon Treaty. Treaty reform is a continuation of politics by other means. It is not therefore surprising that institutional issues from the previous decade dominated debates on more comprehensive Treaty reform, including the appropriate distribution of legislative power, coupled with contestation as to the locus of executive power. These were the prominent themes in the debates on Treaty reform. It is clear that while most believed in institutional balance, they differed markedly as to what this should entail.

This chapter is for the 3rd edition of the Evolution of EU law, and is an updated version of the chapter that appeared in the second edition a decade ago.This version of the textbook is only available in the UK. If you are studying law outside of the UK please see EU Law: Text, Cases, and Materials, ISBN 9780198856641.

Institutional balance is not however self-executing. It presumes by its very nature a normative and political judgment as to which institutions should be able to partake of legislative and executive power, and what constitutes the appropriate balance between them. These normative underpinnings have altered over time in the EU, and continue to do so. These changes will be charted throughout the subsequent analysis and form the underlying theme of the chapter, which is divided into four temporal periods. Building on its unrivalled reputation as the definitive EU law textbook, the seventh edition provides clear and comprehensive analysis of all aspects of European Union law. The second section covers the period between the SEA and the Nice Treaty. Three themes were evident during this time, clarification, contestation and complexity. There was clarification of the principles governing Community administration and the appropriate disposition of legislative power, with recognition that the European Parliament should properly have a role. The emerging consensus about the legislative process was not matched by agreement concerning the disposition of executive power. The period between the SEA and the Nice Treaty saw skirmishes as to the locus of executive authority, which played out in different ways in relation to Comitology, agencies and the European Council. Institutional complexity was the third theme in this period, as exemplified by the variety of Community legislative procedures, the creation of new agencies, the Three Pillar structure and emergence of new governance strategies. Thus viewed from the perspective of institutional balance, there was growing consensus in normative terms as to the appropriate disposition of primary legislative power, but continuing contestation as to power over secondary rule-making and the locus of executive authority. Building on its unrivalled reputation as the definitive EU law textbook, this sixth edition continues to provide clear and insightful analysis of all aspects of European Union law.All chapters have been carefully structured and designed to enhance student learning at all levels, laying the foundations of the subject while building analysis of more complex areas and cutting edge debates. Each chapter opens with a concise overview of the 'central issues', providing valuable context, before drawing together key analysis in a comprehensive chapter conclusion to provide a clear yet complete picture of the subject. Also available as an e-book with functionality, navigation features, and links that offer extra learning support If you are studying EU law in the UK, please see the UK version of this textbook: EU Law: Text, Cases, and Materials UK Version, ISBN 9780198859840.

The seventh edition has been comprehensively updated to reflect the extensive developments that have taken place since publication of the sixth edition including: Includes well-designed learning features to guide the reader through each topic, including concise 'central issues' and helpful 'conclusions' in each chapter, as well as detailed further reading advice.Respected as the definitive textbook on the subject, this is the stand-alone guide to EU law. The world-renowned authors offer the ideal balance of commentary, key cases, and materials to provide the most authoritative coverage and analysis. This UK version also includes sections showing how principles apply or don't apply to the UK post-Brexit. Contains a new chapter on current challenges facing the EU, including Brexit and the rule of law crisis.