Overview

In recent years, Eurosceptic and nationalist forces have been gaining ground in the European Union. Their rhetoric has changed the political discourse, shaking the ideal of an ever closer union to its core. However, the specific legal changes brought about by this political turn have often remained obscure. How does Euroscepticism manifest itself in the law and policies of the EU Member States? This book seeks to understand to what extent Eurosceptic attitudes translate into legislative, administrative and judicial practices that challenge EU law and governance in the Member States. It reveals the many facets of national resistance that the EU is currently facing, ranging from open defiance to ignorance of EU law. It includes perspectives from the entire Union: from old and new, western and eastern, troublesome and (ostensibly) compliant Member States. Bringing together experts from law and political science, this timely book offers unique insights into the reception – and sometimes rejection – of EU law in the Member States. It is essential reading for anyone interested in the current challenges and the future of the European Union.

Full Product Details

Author:   Clara Rauchegger ,  Anna Wallerman Ghavanini
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.580kg
ISBN:  

9781509927654

ISBN 10:   1509927654
Pages:   280
Publication Date:   19 September 2019
Audience:   Professional and scholarly ,  Professional and scholarly ,  Professional & Vocational ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Introduction Clara Rauchegger and Anna Wallerman PART I NATIONAL EUROSCEPTICISM AND THE EU INSTITUTIONS 1. EU Policies in Times of Populist Radical Right Euroscepticism: Which Future? Gerda Falkner and Georg Plattner 2. Does Euroscepticism Influence Compliance and Enforcement of EU Law in the Member States? Dimiter Toshkov PART II EUROSCEPTIC GOVERNMENTS AND THEIR POLICIES 3. The New Italian Government between Break and Continuity: Political Discourse and Constitutional Practices Luigi Gianniti and Barbara Guastaferro 4. Poland’s Defiance Against the CJEU in the Puszcza Bialowieska Case (C-441/17) Przemyslaw Tacik 5. Hungarian Economic Patriotism and Internal Market Law: Questioning Fundamental Freedoms and Disregarding Fundamental Rights Mónika Papp and Marton Varju PART III CASE STUDIES ON MIGRATION AND FREE MOVEMENT OF PEOPLE 6. Schengen, Migration – and the Resurrection of the Westphalian Nation-State? Peter Thalmann 7. ‘Euroreluctance’ at the Heart of Europe? Challenges to the Free Movement of People in Luxembourg Catherine Warin PART IV RESISTANCE WITHIN AND AGAINST THE PRELIMINARY REFERENCE PROCEDURE 8. Who is the National Judge? A Typology of Judicial Attitudes and Behaviours Regarding Preliminary References Anna Wallerman 9. Attitude or Aptitude? Explaining the Lack of Preliminary References in Dutch Competition Law Cases Jesse Claassen 10. Reluctance to Participate in the Preliminary Ruling Procedure as a Challenge to EU Law: A Case Study on Slovenia and Croatia Monika Glavina 11. Game of Courts: The Effects of Constitutional Judicial Conflicts on Polish Judges’ Co-operation with the CJEU Juan A Mayoral PART V CONCLUSIONS 12. National Resistance Against EU Law and Governance: Degrees and Manifestations Clara Rauchegger and Anna Wallerman

Reviews

[T]his is a well written, interesting collection of contributions, providing insights and provoking reflection on a series of aspects relating to the EU and to EU law. -- Panagiotis Zinonos * European Law Blog *

Author Information

Clara Rauchegger is an Assistant Professor at the University of Innsbruck. Anna Wallerman is an Associate Senior Lecturer at the University of Gothenburg.

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