The Enforcement of EU Law and Values: Ensuring Member States' Compliance
András Jakab and Dimitry Kochenov
Abstract
It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and this book dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of ... More
It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and this book dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance—the French Empty Chair policy, the Luxembourg compromise, and the FPÖ crisis in Austria—and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies theoretical issues on defiance in the context of multi-layered legal orders, EU mechanisms of acquis and values’ enforcement, comparative perspective on law-enforcement in multi-layered legal systems, and case-studies of defiance in the EU.
Keywords:
EU,
Eurozone,
EMU,
Empty Chair policy,
Luxembourg compromise,
FPÖ crisis
Bibliographic Information
| Print publication date: 2017 |
Print ISBN-13: 9780198746560 |
| Published to Oxford Scholarship Online: April 2017 |
DOI:10.1093/acprof:oso/9780198746560.001.0001 |
Authors
Affiliations are at time of print publication.
András Jakab, editor
Director of the Institute for Legal Studies at the Centre for Social Sciences of the Hungarian Academy of Sciences in Budapest; Professor in Constituional and European Law at Pázmány Péter Catholic University Budapest, Hungarian Academy of Sciences, Hungary
Dimitry Kochenov, editor
Chair in EU Constitutional Law, University of Groningen
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