Sovereignty in the Shared Legal Order of the EU

How does EU membership affect national sovereignty? This edited volume offers a broader perspective on sovereignty relying on the international law concept.
Ton van den Brink, Michiel Luchtman, Miroslava Scholten
boek | verschenen | 1e editie
november 2015 | xvi + 336 blz.

€ 86,-

ISBN 9781780682198


How does EU membership affect national sovereignty? This question has acquired a central place in the public debate on the European Union. National sovereignty relates to the independence of nation states in international affairs and to their autonomy to organize domestic matters. The European Union has challenged both, or so it has been perceived. In any case, such a view on sovereignty narrows the focus down to the question of national policy discretion.

This edited volume offers a broader perspective on sovereignty relying on the international law concept. In addition to authority, this concept also includes citizenship and territory and assumes unity between these three elements. The focus is on the role of core values such as (representative) democracy, rule of law, justice, equality and economic stability in the process of shaping sovereignty in the shared legal order of the European Union. Moreover, not only the EU’s power to regulate, but also issues of enforcement are addressed.

Seven case-studies exploring 11 policy domains ranging from financial markets to social policy, and from administrative law to private law address two sub questions: how do core values define the relation between EU and national authority, citizenship and territory and how are conflicts between core values addressed within this shared legal order. Three cross-cutting studies on authority, citizenship, and territory identify common approaches and existing challenges.

All 23 contributors of this volume work at the Utrecht Centre for Shared Regulation and Enforcement in Europe (RENFORCE).


Table of Contents (p. 0)

Chapter 1. Sovereignty in a Shared Legal Order: On the Core Values of Regulation and Enforcement in the EU (p. 1)

Michiel Luchtman, Ton van den Brink, Miroslava Scholten

Chapter 2. Core Values: Tensions and Balances in the EU Shared Legal Order (p. 9)

Miroslava Scholten

Chapter 3. Efficiency or Justice? Compensating for Power Imbalances under Eu Telecommunications, Air Transport and Gender Equality Law (p. 31)

Chapter 4. Regulation and Enforcement of Economic Freedoms and Social Rights: A Thorny Distribution of Sovereignty (p. 65)

Chapter 5. Shifts in Authority and their Relation with Underlying Core Values: Eu Competition Law and Financial Law Compared (p. 93)

Chapter 6. Sovereignty, Stability and Solidarity: Conflicting and Converging Principles in Eu Economic Governance (p. 117)

Ton van den Brink

Chapter 7. The Development of Core Values and the Ambition of the Eu in the Field of Administrative Law and Contract Law: Will a General Eu Administrative and Contract Law Become a Reality? (p. 143)

Sonja A. Kruisinga, Anne L.M. Keirse

Chapter 8. The Room for Social Policy Conditions in Public Procurement Law (p. 173)

Frans Pennings

Chapter 9. Freedom, Security and Justice for Whom? The Case Study of Bulgarian Street Prostitution in France (p. 197)

Chapter 10. Towards an Ever Clearer Division of Authority Between the European Union and the Member States? (p. 217)

Ton van den Brink

Chapter 11. The European Citizen as Bearer of Fundamental Rights in a Multi-Layered Legal Order (p. 249)

Michiel Luchtman, Rob Widdershoven

Chapter 12. Core Values Beyond Territories and Borders: The Internal and External Dimension of Eu Regulation and Enforcement (p. 299)

Cedric Ryngaert, John A.E. Vervaele

Chapter 13. Shaping Sovereignty in the Eu Legal Order: The Role of Core Values (p. 325)

Ton van den Brink, Michiel Luchtman, Miroslava Scholten

Contributors (p. 335)

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Table of Contents (p. 0)
Contributors (p. 335)