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EU Law in Populist Times: Crises and Prospects

Edited by: Francesca Bignami

ISBN13: 9781108485081
Published: January 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £141.00



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The rise of Euroscepticism and populist backlash pose a dramatic challenge to the EU and highlight the EU's growing legal powers over core areas of state sovereignty. Authored by leading academics and policymakers, this book provides a comprehensive and cutting-edge analysis of the fields of EU law at the heart of contemporary political debates—economic policy, human migration, internal security, and constitutional fundamentals at the national level. Following the specialist contributions, the conclusion draws out critical, cross-cutting lessons for improving legitimacy and advancing the rule of law, rights and democracy in sovereignty-sensitive areas of EU law. Accessible to students, this volume is an invaluable resource for researchers and scholars of EU law and politics.

  • Presents and analyzes all areas of EU law challenged by populism and Euroscepticism
  • Focusing on the EU's legal powers in classic areas of state sovereignty, the volume updates the dominant, market-centered narrative of EU law
  • Proposes legal and policy reforms to improve EU law and governance

  • Subjects:
    EU Law
    Contents:
    1. Introduction: EU Law, Sovereignty, and Populism by Francesca Bignami
    Part I. Economic Policy
    2. The Future of the European Economic and Monetary Union: Issues of Constitutional Law by Matthias Ruffert
    3. Post-Crisis Economic and Social Policy: Some Thoughts on Structural Reforms 2.0 by Philomila Tsoukala
    4. Politicized Integration: The Case of the Eurozone Crisis by Nicolas Jabko
    5. EU Financial Regulation after the Neoliberal Moment by Elliot Posner
    6. The Euro Crisis and the Transformation of the European Political System by Renaud Dehousse
    Part II. Human Migration
    7. On Equal Treatment, Social Justice and the Introduction of Parliamentarism in the European Union by Ulf Öberg and Nathalie Leyns
    8. The Emerging Architecture of EU Asylum Policy: Insights into the Administrative Governance of the Common European Asylum System by Evangelia (Lilian) Tsourdi
    9. Databases for Non-EU Nationals and the Right to Private Life: Towards a System of Generalised Surveillance of Movement? by Niovi Vavoula
    Part III. Internal Security
    10. The EU and International Terrorism: Promoting Free Movement of Persons, the Right to Privacy, and Security by Gilles de Kerchove and Christiane Höhn
    11. The Preventive Turn in European Security Policy: Towards a Rule of Law Crisis? by Valsamis Mitsilegas
    12. The Opening Salvo: The CLOUD Act, e-Evidence Proposals, and EU-US Discussions Regarding Law Enforcement Access to Data Across Borders by Jennifer Daskal
    13. Preserving Article 8 in Times of Crisis: Constraining Derogations from the European Convention on Human Rights by Marc Rotenberg and Eleni Kyriakides
    14. Progress and Failure in the Area of Freedom, Security, and Justice by Emilio De Capitani
    Part IV. Constitutional Fundamentals
    15. Defending Democracy in EU Member States: Beyond Article 7 TEU by Kim Lane Scheppele and R. Daniel Kelemen
    16. The Politics of Resentment and First Principles in the European Court of Justice by Tomasz Tadeusz Koncewicz
    17. The Populist Backlash Against Europe: Why Only Alternative Economic and Social Policies Can Stop the Rise of Populism in Europe byBojan Bugarič
    18. The Democratic Disconnect, the Power-Legitimacy Nexus, and the Future of EU Governance by Peter L. Lindseth
    19. Conclusion: Rule of Law, Rights, and Democracy in Sovereignty-Sensitive Domains by Francesca Bignami