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"In view of the "European sovereignty," Kirchmair engages with the importance of EU external relations law and the need to structurally conceptualize how international agreements and customary international law relate to EU law. The book explores whether the European Court of Justice or national constitutional courts have the final say. "--
List of contents
Introduction: setting the stage; Part I. Common Theories on the Relationship of Legal Orders and their Flaws Concerning the EU Legal Order: 1. Dualism and Kelsenian monism; 2. Global legal pluralism and constitutionalism; 3. The 'Autonomy' of the EU Legal order as a self-standing theory?; 4. An Intermediate Conclusion; Part II. Consent-Based Monism: A Structural Answer: 5. The underlying understanding of Law; 6. The theory of consent-based monism; Part III. A Practical Application of Consent-Based Monism: 7. EU Law and member state law; 8. International Law and EU Law; Conclusion; Bibliography; Index.
About the author
Lando Kirchmair focuses on international, European, and national public law as well as legal philosophy. Currently he is Deputy Professor for National and International Public Law with a Focus on the Protection of Cultural Heritage based at the University of the Bundeswehr Munich. Inter alia he is interested in the interplay between the international, EU and Member State legal orders, the doctrine of sources of (international/EU) law, technology law, the protection of cultural heritage as well as law and interdisciplinarity.
Summary
In view of the 'European sovereignty,' Kirchmair engages with the importance of EU external relations law and the need to structurally conceptualize how international agreements and customary international law relate to EU law. The book explores whether the European Court of Justice or national constitutional courts have the final say.
