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The Dynamics of Powers in the European Union

The Dynamics of Powers in the European Union

作者： Christina Eckes; Päivi Leino-Sandberg; Anna Wallerman Ghavanini
出版商： Hart Publishing
ISBN: 9781509971596
出版时间 September 2024
规格： Hardback
适应领域： U.K. ? 免责申明：
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Separation of powers is the time-tested touchstone of the legitimate exercise of power in modern democracies. This collection examines decision-making in the EU's multilayered and polycentric constitutional structure through this lens.

The focus on separation of powers reveals how strong executive powers collaborate in the EU as a single source of public power, which is not sufficiently counterbalanced by parliaments or the judiciary. The collection explores 3 policy fields marked by crisis: the economic and monetary union (EMU), migration, and trade. Drawing on expertise from across these sectors, with a strong conceptual thread linking all the contributions, this important work illustrates how different branches of government co-determine each others' powers.
Part I: Conceptual Considerations
1. Introduction
2. Federal Value Enforcement in a System of Separated Powers
3. From Separated Powers to Consensual Executive Government in the EU

Part II: The Relationship Between the Legislature and the Executive
4. A Crack in the Constitutionalisation of EU Migration and Asylum Policy? Assessing the Practical Implications of Informalisation of EU Readmission Policy on Separation of Powers
5. The European Commission as a Driver of EU Trade Policy: A Constrained Executive
6. Regulatory Cooperation in 21st Century Free Trade Agreements
7. The Role of Parliaments in EU Economic Policymaking

Part III: The Relationship between the Judiciary and the Executive
8. Judicial Scrutiny of the External Dimension of EU Asylum and Immigration Law: The Tensions between Human Rights and Stronger Border Controls
9. Litigating Monetary Policy: The Limits are Ours
10. Separation of Powers in 21st Century Trade Relations

Part IV: The Relationship between the Judiciary and the Legislature
11. National Constitutional Adjudication on EMU-Related Measures: A New Field of Judicial Activism?
12. Creative Control: Judicial Review of Legislative Power in EU Migration Law
13. Judicial Control of the EU and Member States' Trade and Investment Relations

Part V: Cross-Cutting Considerations
14. The Place of Expertise in EU Governance
15. Separation of Powers within a Hybrid EU Multilayered System: A Cross-Sectional Outlook
16. The Role of Constitutional Courts in a Multilayered Conception of Separated Powers
17. Conclusions

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