Federalism In The European Union

Author: Elke Cloots
Publisher: Bloomsbury Publishing
ISBN: 184731998X
Size: 18.73 MB
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This edited volume aims to reveal the Janus-faced character of federalism in the European Union. Federalism appears in two main forms in the EU. On the one hand, numerous formerly unitary Member States have embarked on a path towards a (quasi-)federal governance structure. On the other hand, the EU itself is sometimes qualified as a federal system. Significantly, the concept of federalism has a very different, even opposite, connotation in both contexts. When associated with Member State reform, federalism is regarded as a technique for accommodating autonomy claims of sub-state nations. By contrast, when federalism is used as a label for the EU itself, it is conceived as a far-reaching way of integrating the nations of Europe. This dual appearance of federalism in the EU context is central to the structure of the book. The first collection of essays addresses the question whether the EU may be described as a federal system, and whether it can learn from existing federations. In the second set of contributions, the attention shifts to domestic federalisation processes, more particularly to the impact of these processes on EU law and vice versa.

Federalism And The European Union

Author: Michael Burgess
Publisher: Routledge
ISBN: 1134736789
Size: 29.99 MB
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A revisionist interpretation of the post-war evolution of European integration and the European Union (EU), this book reappraises and reassesses conventional explanations of European integration. It adopts a federalist approach which supplements state-based arguments with federal political ideas, influences and strategies. By exploring the philosophical and historical origins of federal ideas and tracing their influence throughout the whole of the EU's evolution, the book makes a significant contribution to the scholarly debate about the nature and development of the EU. The book looks at federal ideas stretching back to the sixteenth century and demonstrates their fundamental continuity to contemporary European integration. It situates these ideas in the broad context of post-war western Europe and underlines their practical relevance in the activities of Jean Monnet and Altiero Spinelli. Post-war empirical developments are explored from a federalist perspective, revealing an enduring persistence of federal ideas which have been either ignored or overlooked in conventional interpretations. The book challenges traditional conceptions of the post-war and contemporary evolution of the EU, to reassert and reinstate federalism in theory and practice at the very core of European integration.

Democracy And Federalism In The European Union And The United States

Author: Sergio Fabbrini
Publisher: Routledge
ISBN: 1134315805
Size: 45.58 MB
Format: PDF
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The European Union - a supranational system with its own institutional characteristics and autonomy - has a structure and functional logic which are more similar to those of the US than those of European nation states. Yet, by and large, the EU and the US tend to be analyzed more as potential geopolitical and economic rivals or allies than compared as institutional peers. By bringing together some of the most influential political scientists and historians to compare the European and American experiences of federalism, Democracy and Federalism in the European Union and the United States explores the future development, and seeks a better understanding, of a post-national European Union democracy. This book consists of three core parts: how the EU has developed and the implications of the process of European federalization the features of American federalism, tracing the intellectual debate that led to the approval of the American federal constitution in 1787 the future of European Union. This is essential reading for all students of European politics, democracy and international relations.

Comparative Federalism The European Union And The United States In Comparative Perspective

Author: Anand Menon
Publisher: OUP Oxford
ISBN: 0199291101
Size: 29.23 MB
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The Convention on the Future of Europe served to galvanize debate about the nature and future developmental trajectory of the European Union. More specifically, it engendered discussion over the degree to which the process resembled that which had occurred in Philadelphia some two hundred years earlier, and, more broadly, over the extent to which the European Union does, or should, resemble the United States. Partly as a consequence of such debates, comparative federalism is now animportant topic, with scholarly work comparing the US and EU proliferating rapidly. The present volume seeks to build on and contribute to this growing literature, by developing a systematic comparison of the institutions, policies and developmental patterns of the European Union and the UnitedStates.

Federalism And European Union

Author: Michael Burgess
Publisher: Routledge
ISBN: 1134987609
Size: 80.54 MB
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One of the most frequent criticisms levelled at the European Community is the discrepancy between federalist rhetoric and the intergovernmental response: between its ideological aspirations and contemporary political reality. The federalist heritage of the European Community has become discredited by contemporary political thinkers, and yet it still forms an important part of the community's ideological foundations. Within this book the contrasting theories of Spinelli and Monnet are subjected to rigorous criticism, examining the benefits and pitfalls of their proposals for a unified Europe, and the probability of the gap between theory and actuality ever being bridged in the future.

Eu Citizenship And Federalism

Author: Dimitry Kochenov
Publisher: Cambridge University Press
ISBN: 1108146112
Size: 78.72 MB
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Kochenov's definitive collection examines the under-utilised potential of EU citizenship, proposing and defending its position as a systemic element of EU law endowed with foundational importance. Leading experts in EU constitutional law scrutinise the internal dynamics in the triad of EU citizenship, citizenship rights and the resulting vertical delimitation of powers in Europe, analysing the far-reaching constitutional implications. Linking the constitutional question of federalism and citizenship, the volume establishes an innovative new framework where these rights become agents and rationales of European integration and legal change, located beyond the context of the internal market and free movement. It maps the role of citizenship in this shifting landscape, outlining key options for a Europe of the future.

Europe S Hidden Federalism

Author: Bojan Kovacevic
Publisher: Taylor & Francis
ISBN: 1317139003
Size: 68.46 MB
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The hidden federal features of the European Union help explain the challenges of legitimacy, democracy and freedom that face an unfinished political community. Ideas about federalism and the reality of existing federal states cannot be sharply divided in an analysis of the EU’s multilevel political order, but so far, both scholars and major decision makers have shown interest only in the normal functioning of federal systems: ignoring the dilemma of the federation’s legitimate authority has resulted in an existential crisis for the EU which has become ever more manifest over recent years. This book employs a combination of political philosophy and political science, of federal philosophic ideas and their traces in real federal institutions, in order to achieve the task of understanding the federal features of the EU governance system. The first part of the work focuses on building an appropriate theoretical framework to explain the new meanings attached to familiar notions of democracy, legitimacy and citizenship in the context of a political community like the EU. In the second part the federal features of the EU’s political system are examined in comparison to other current and historical federal perspectives like the US, Switzerland, Yugoslavia and Germany. Through an analysis of the hidden federal aspects of the EU and the links between hidden federalism and the EU’s legitimacy crisis, this book reveals the patterns that should be avoided and gives us guidelines that should be followed if the EU is to become democratic and politically united without jeopardising the state character of its members.

The Eu And Federalism

Author: Dr Finn Laursen
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409489140
Size: 52.24 MB
Format: PDF, Docs
View: 2007
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Tracing the evolution of federalist theory and the European Union (EU), an international line up of distinguished experts debate the pros and cons of treating the EU in a comparative context and ask whether a constitutional equilibrium has been reached in the EU. They examine policymaking or modes of governance in the areas of employment, health, environment, security and migration, comparing the EU's policies with policies of both international organisations like NATO, OECD and federal states such as Canada, Japan and South Africa.

Fiscal Federalism And European Economic Integration

Author: Mark Baimbridge
Publisher: Routledge
ISBN: 1134538758
Size: 42.54 MB
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The pace of economic integration amongst European Union (EU) member states has accelerated considerably during the past decade, highlighted by the process of Economic and Monetary Union (EMU). Many aspects of the EU's apparatus, however, have failed to evolve in order to meets these new challenges. This book explores the issue of fiscal federalism within the context of EU integration from theoretical, historical, policy and global perspectives. It contrasts the pace of integration amongst EU member states with the failure of financial and administrative apparatus to evolve to encompass fiscal federalism, i.e. the development of a centralised budgetary system. This impressive collection, with contributions from a range of internationally respected authors, shall interest students and researchers involved with European economics and economic integration. Its accessible style will also make it extremely useful to policy-makers and professionals for whom European economic integration is a daily topic of conversation.

From Dual To Cooperative Federalism

Author: Robert Schütze
Publisher: OUP Oxford
ISBN: 0191642800
Size: 24.18 MB
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What is the federal philosophy inspiring the structure of European law? The federal principle stands for constitutional arrangements that find "unity in diversity". The two most influential manifestations of the federal principle emerged under the names of "dual" and "cooperative" federalism in the constitutional history of the United States of America. Dual federalism is based on the idea that the federal government and the State governments are co-equals and each is legislating in a separate sphere. Cooperative federalism, on the other hand, stands for the thought that both governments legislate in the same sphere. They are hierarchically arranged and complement each other in solving a social problem. Can the European Union be understood in federal terms? The book's general part introduces three constitutional traditions of the federal idea. Following the American tradition, the European Union is defined as a Federation of States as it stands on the "middle ground" between international and national law. But what federal philosophy has the European Union followed? The special part of the book investigates the structure of European law. Three arguments are advanced to show the evolution of the European legal order from dual to cooperative federalism. The first looks at the decline of constitutional exclusivity on the part of the Member States and the European Union. For almost all objects of government, the Union and its States operate in a universe of shared powers. The second argument analyses the decline of legislative exclusivity. European and national legislation - increasingly - complement each other to solve a social problem. The third argument describes the "constitutionalisation" of cooperative federalism in the form of the principle of subsidiarity and the idea of complementary competences. A final Chapter is dedicated to Europe's foreign affairs federalism. It analyses, whether the external sphere must be regarded as subject to different constitutional or federal principles. The book concludes that cooperative federalism will benefit both levels of government - the Union and the Member States - as the constitutional mechanism of uniform European standards complemented by diverse national standards best expresses the federal idea of "unity in diversity".