The Evolution of EU Law 3rd Edition by Paul Craig 9780192661807 0192661809

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• ISBN 10:0192661809 

• ISBN 13:9780192661807

• Author:Paul Craig 

 The Evolution of EU Law
This last decade has been particularly turbulent for the EU. Beset by crises – the financial crisis, the rule of law crisis, the migration crisis, Brexit, and the pandemic – European Law has had to adapt and change in a way not previously seen. First published in 1999, the goal then was to reflect on the important developments that had been made since the creation of the EEC. That goal has not changed. From EU Administrative Law through to the Regulation of Network Industries, each chapter in this seminal work assess the legal and political forces that have shaped the evolution of EU law. With new chapters covering the Rule of Law, Judicial Reform, Brexit, Constitutional and Legal Theory, Refugee and Asylum law, and Data Governance, this third edition of The Evolution of EU Law is a must read for any student or academic of EU law.

The Evolution of EU Law 3rd Table of contents:

 1. Introduction
2. Integration, Democracy, and Legitimacy
A. Neofunctionalism, the Legitimacy of Outcomes, and the Limits of Democracy
B. Liberal Intergovernmentalism, Collective Action, and the Logic of Public Choice
C. Multi-Level Governance, New Institutionalism, and the Complexity of Decision-Making
D. Rational Choice Institutionalism, Constructivism, New Intergovernmentalism, and the Contested Domain
E. Integration, Differentiated Integration, and the European Union
F. Democracy Deficit, Premise, and Argument
G. Evaluation, National and International Comparison
H. Evaluation, Prioritization, and Consequence
I. Conclusion
3. Institutions, Power, and Institutional Balance
A. Rome to the Single European Act: Initial Disposition, Development, and Change
B. From the SEA to Nice: Clarification, Contestation, and Complexity
C. The Constitutional Treaty to the Lisbon Treaty: Legislative and Executive Authority
D. Post-Lisbon: Crisis and Institutional Change
E. Conclusion
4. Legal and Constitutional Theory of the European Union
A. An Under-Cultivated Field
B. Implications for Legal and Constitutional Theory
C. Constitutional Theory of the EU
D. The Wider Remit of Legal Theory
5. The Agencification Process and the Evolution of the EU Administrative System
A. Introduction
B. Before European Agencies: The Early Years of the EC and the Origins of the EU Administrative System
C. A Development of Significant Proportions: The Agencification Process and the ‘Take-Off’ of the EU Administrative System
D. The Evolution of the Agency Model and the Consolidation of the EU Administrative System
E. The Transformation of the EU Administrative System in the European Crisis and the Rise of the ‘Independent Authority’ Model
6. Judicial Reform and the European Court: Not a Numbers Game
A. Prologue
B. First Steps: From Paris to Rome
C. From Rome to Amsterdam
D. From Nice to Lisbon
E. Reform of the General Court
F. Reform of the Court of Justice
G. Preliminary Rulings: Is There a Problem?
H. Preliminary Rulings: Is There a Solution?
I. Epilogue
7. Direct Effect, Primacy, and the Nature of the Legal Order
A. The Foundation Years
B. Evolution of the Direct Effect Doctrine
C. Evolution of the Primacy Doctrine
D. The Reception of the Doctrines at the National Level
E. Constitutional Reservations
F. The Role of Primacy and Direct Effect in the European Integration Process
G. The Nature of the Legal Order
8. Preliminary Rulings and EU Legal Integration: Evolution and Continuity
A. Introduction
B. Diversification and Consolidation
C. The Valve Analogy
D. Perspectives on a Multi-Functioning Procedure
E. Consequences of the Current Scheme of Preliminary Rulings
F. Future Perspectives
9. The Vicissitudes of Life at the Coalface: Remedies and Procedures for Enforcing Union Law before National Courts
A. Introduction
B. National Remedies and Procedures on Trial—I
C. Beyond and Besides the Core Narrative on National Remedies
D. National Remedies and Procedures on Trial—II
E. Conclusions
10. The Rule of Law
A. Introduction
B. The Gradual Evolution of the Treaty Framework
C. The Swift and Radical Evolution of the EU’s Rule of Law Toolbox
D. Concluding Remarks
11. The Evolution of EU Administrative Law
A. Three Phases of a Non-Linear Story
B. First Phase: Rise and Consolidation
C. Second Phase: Increased Complexity, Maturation, and Reform
D. Third Phase: New and Old Challenges
12. From a Europe of Bits and Pieces to a Union of Variegated Differentiation
A. Introduction
B. Hybrid Diversity through the Decades
C. Judicial Uniformity
D. EMU and Defence: Beyond the Single Institutional Framework
E. The Art of Marbling
13. (BR)Exit from the European Union—Control, Autonomy, and the Evolution of EU Law
A. Managing Membership—Control over Law
B. The Withdrawal Process—Article 50 TEU
C. After Membership
D. Conclusion
14. External Relations of the European Union: The Constitutional Framework for International Action
A. Introduction
B. Internal Policies and External Powers
C. Exclusive, Shared, and Complementary Competence
D. The Emergence of an International Identity for the EU
15. The Evolution of EU Human Rights Law
A. Introduction
B. Phase 1: Human Rights in the Drafting of the European Political Community Treaty 1952–1953
C. Phase 2: From the Rome Treaty to the Maastricht Treaty: The Disappearance of Human Rights from the EC Treaty Framework and their Return
D. Phase 3: From the Maastricht to the Lisbon Treaty: The Emergence of an EU Constitutional Framework for Human Rights Protection
E. Comparing the EU’s Post-Lisbon Constitutional Framework for Human Rights Protection with the 1950s Model
F. Conclusion
16. Free Movement of Persons and Services
A. Introduction
B. EU Law on the Free Movement of Persons and Services: Objectives
C. Legislative Transformation
D. Delimiting the Parameters of the Free Movement of Persons and Services
E. Reassessing the Place and Scope of the Provisions on the Free Movement of Persons
F. Conclusions
17. Free Movement of Goods: Evolution and Intelligent Design in the Foundations of the European Union
A. Introduction
B. In the Beginning, There Was (Only) the Treaty
C. The Evolution of the Concept of Discrimination
D. Restrictions beyond Discrimination: The ‘Area without Internal Frontiers’ Comes into Its Own
E. After Keck, a New Blind Alley: The Court Isolates ‘Market Access’
F. ‘The Big Picture’
G. Conclusion
18. Free Movement of Capital: Evolution as a Non-Linear Process
A. Development of Free Movement of Capital
B. The Notion of Restriction
C. The External Dimension
D. Conclusion
19. Citizenship: Contrasting Dynamics at the Interface of Integration and Constitutionalism
A. Introduction
B. The European Union and Conceptions of Citizenship
C. Citizenship and the ‘Old’ Constitutionalism of the European Union
D. Citizenship: Lost in Transition from ‘Old’ to ‘New’ Constitutionalism
E. What Future(s) for Citizenship in the European Union?
F. Conclusions
20. EU Anti-Discrimination Law: Navigating Sameness and Difference
A. Introduction
B. Where it all Began: Nationality and Sex Discrimination
C. The Next Generation: Going beyond Gender
D. Constitutionalizing Anti-Discrimination Law
E. Future Horizons
21. EU ‘Social’ Policy from Employment Law to Labour Market Reform
A. Introduction
B. The Traditional Story of the Development of EU Social Policy
C. The Role of the Court of Justice
D. The Battle for the Soul of Social Policy
E. A Renaissance of EU Social Policy
F. Conclusions
22. Economic and Monetary Union: Evolution and Conflict
A. History and Fundamental Principles
B. Post-Crisis Developments
C. The Ongoing Questions
D. Conclusion
23. EU Criminal Law and Police Cooperation
A. Introduction
B. Institutional Evolution
C. Policy Evolution
D. Role of the Court of Justice
E. Conclusions
24. Civil Justice Extending its Tentacles
A. Introduction
B. External Influences and Procedural Trends
C. The Strands of EU Civil Justice Evolution
D. Current Issues and Challenges
25. The Evolution of EU Law on Refugees and Asylum
A. Foundational Tensions and Crisis Generation
B. The CEAS Unveiled
C. Current Trends and Potential for Fundamental Reform
D. Conclusions
26. Competition Law: Convergence through Law and Networks
A. Evolution
B. Competition Law and Policy
C. Reform
D. Competition: No Longer a Law Apart
E. Modernization
F. Conclusion
27. EU Environmental Law and Legal Imagination
A. EU Environmental Law: An Overview
B. Legal Imagination
C. Market Building
D. Implementing Environmental Law
E. Governance
F. Conclusion
28. Consumer Policy
A. Introduction
B. Market Integration and Consumer Policy
C. The ‘Consumer’ before the Court
D. Legislative Competence
E. Harmonization Policy
F. Directives in the Area of Consumer Protection
G. Is this Really Consumer Policy?
H. The Commission’s Review of Contract Law
I. Conclusion
29. The Evolution of European Data Law
A. The Europeanization of Data Protection Law
B. European Data Law beyond Data Protection Law
C. The Globalization of European Data Law
D. The Future of European Data Law
Index

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