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Born from the ashes of the Second World War as one of the most ambitious and successful parts of the plan for the reconstruction of Western Europe, European integration has been immersed in a deep economic and institutional crisis for more than a decade. This difficult situation is also threatening to erode one of its most original and valuable elements: the establishment of a supranational rule of law among the Member States of the European Union that provides a solid framework for their peaceful, ordered, and fair relations.
This book, which is based on the general course given at the Academy of European Law in Florence in July 2015, puts the innovative initial choices made by the drafters of the Treaties and by the Court of Justice of the Union in their proper historical perspective, understanding Union law as a tool of civilisation. Its current decline is explained as a consequence of the waning of the initial impetus behind integration, of the growing complexity and challenges of the Union system, and of the ambivalent attitude of the Member States regarding their common creation.
These themes are explored focusing on a number of fundamental structural issues: the principle of primacy, the national limits to it and the theory of constitutional pluralism; the state of health of the preliminary rulings procedure; Union citizenship, equality and human dignity; the scope of the Charter of Fundamental Rights and the standard of protection of those rights; and the rigidity and fragmentation of the Union system in connection with the increasing use of international law as a softer alternative to Union law.
In all these areas, the book presents a fascinating story of decay and resistance, a story that is unfolding at present, and whose fate is closely linked to the future political shape of Europe.
Sommario
- 1: Some Things Pierre Pescatore Told Me
- 2: Law after Auschwitz
- 3: Against Constitutional Pluralism
- 4: The Preliminary Rulings Procedure: Cornerstone or Broken Atlas?
- 5: Partial Eclipse of Union Citizenship: From Grzelczyk to Dano
- 6: Fundamental Rights and the Integrity of Union Law
- 7: Rigidity, Fragmentation and the Allure of International Law
- 8: Concluding Thoughts
Info autore
Julio Baquero Cruz holds a law degree from Universidad Complutense (Madrid, 1994), an LL.M. from the College of Europe (1996), and a Ph.D. from the European University Institute of Florence (2001). He has been a référendaire at the Court of Justice of the European Union, first in the chambers of President Gil Carlos Rodríguez Iglesias and afterwards with Advocate General Miguel Poiares Maduro (2000-2004). Since 2009, he works as a member of the Legal Service of the European Commission. He has published and lectured widely on European Union law, and was a visiting professor at Sciences Po in Paris.
Riassunto
This book discusses the impact of the difficult situation the European Union is currently experiencing on some structural elements of its legal order, looking for symptoms of decay, exploring examples of resistance, and assessing its overall state of health.
Testo aggiuntivo
What's Left of the Law of Integration? is an intelligent and forceful defence of a particular view of integration and its implications in the field of law. It is not the only defensible view, but is a very legitimate one, and in Baquero Cruz it has found one of its best proponents.
Relazione
You cannot fail to be impressed as you read the book, with really interesting insights on cases from which you thought you could learn nothing new. Joseph Weiler, International Journal of Constitutional Law
