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Borderlines in Private Law

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EU Law in Populist Times: Crises and Prospects

Edited by: Francesca Bignami

ISBN13: 9781108719179
Published: August 2021
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £46.99



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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.

Subjects:
EU Law
Contents:
1. Introduction: EU law, sovereignty, and populism
Francesca Bignami
Part I. Economic Policy:
2. The future of the European economic and monetary Union: issues of constitutional law
Matthias Ruffert
3. Post-crisis economic and social policy: some thoughts on structural reforms 2.0
Philomila Tsoukala
4. Politicized integration: the case of the Eurozone crisis
Nicolas Jabko
5. EU financial regulation after the neoliberal moment
Elliot Posner
6. The Euro crisis and the transformation of the European political system
Renaud Dehousse
Part II. Human Migration:
7. On equal treatment, social justice and the introduction of parliamentarism in the European Union
Ulf Öberg and Nathalie Leyns
8. The emerging architecture of EU asylum policy: insights into the administrative governance of the common European asylum system
Evangelia Tsourdi
9. Databases for non-EU nationals and the right to private life: towards a system of generalised surveillance of movement?
Niovi Vavoula
Part III. Internal Security:
10. The EU and international terrorism: promoting free movement of persons, the right to privacy, and security
Gilles de Kerchove and Christiane Höhn
11. The preventive tun in European security policy: towards a rule of law crisis?
Valsamis Mitsilegas
12. The opening salvo: the CLOUD Act, e-evidence proposals, and EU-US discussions regarding law enforcement access to data across borders
Jennifer Daskal
13. Preserving article 8 in times of crisis: constraining derogations from the European Convention on Human Rights
Marc Rotenberg and Eleni Kyriakides
14. Progress and failure in the area of freedom, security, and justice
Emilio De Capitani
Part IV. Constitutional Fundamentals:
15. Defending democracy in EU member states: beyond article 7 TEU
Kim Lane Scheppele and R. Daniel Kelemen
16. The politics of resentment and first principles in the European Court of Justice
Tomasz Tadeusz Koncewicz
17. The populist backlash against Europe: why only alternative economic and social policies can stop the rise of populism in Europe
Bojan Bugarič
18. The democratic disconnect, the power-legitimacy nexus, and the future of EU governance
Peter L. Lindseth
19. Conclusion: rule of law, rights, and democracy in sovereignty-sensitive domains
Francesca Bignami