The Legitimacy of European Constitutional Orders is a systematic and comparative study of European constitutional orders, which takes into consideration the national constitutional trajectories of European countries, as well as the defining power of EU law. Drawing on a wealth of case studies, this book explores the conceptual tools needed to undertake comparative reconstruction and assessment of national and supranational constitutional developments in the European context.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com.
Exploring the referendum practices of eight European states, this book unpacks the intricacies of the institutional and procedural settings of referendum authorization to reach an equilibrium between the exercise of popular sovereignty and the protection of rule of law. The book also examines how, by authorizing certain issues and refusing others, state institutions can exercise considerable control over the whole referendum process.
This timely book explores the legal and practical challenges created by the
increasingly automated decision-making procedures underpinning EU multilevel
cooperation, for example, in the fields of border control and law enforcement. It
argues that such procedures impact not only the rights to privacy and data
protection, but fundamentally challenge the EU constitutional promise of effective
This incisive book evaluates the legal effects of soft law, its foundations and how they behave in some of the most innovative areas of EU law. Combining theory, language and sectoral insights, this comprehensive review uses case studies to shed new light on the three core areas of soft law.
This insightful book examines the inherent fragility of modern liberal
constitutionalism and shows how it is in the nature of every constitutional
community, including the European Union, to try to protract its own duration as much
as possible. The book considers the strengths, weaknesses, tensions and
contradictions of European constitutionalism using the lens of constitutional
This insightful and timely book explores the complexity and resilience of the discourse on economic constitutionalism over a period of heightened economic and political turbulence since the economic crisis of 2008 and Brexit, and its continuous relevance despite the Covid-19 public health crisis and the Russian invasion of Ukraine. Providing a sustained and comprehensive analysis of the concept of economic constitutionalism in European and global governance, this book evaluates the origins, functions, and normative elements of economic constitutionalism and places the discussion within contemporary theoretical frameworks.
Timely and incisive, this book offers a critical insight into the legal structure of
EU development cooperation policy, exploring the innate complexities that give rise
to legal challenges in this crucial area of EU external action. Investigating the
interaction between the key tenets of coherence and conferral, Dr. Tina Van den
Sanden assesses how the Union’s legal framework affects the attainment of its
development cooperation objectives.
This comprehensive book examines the judicial governance of the patent system in
Europe and beyond, and looks at mechanisms for enhancing coherence. Federica Baldan
investigates the challenges to judicial coherence which may arise after the
establishment of a specialised patent court in Europe.
This forward-thinking book examines numerous features in the European Union (EU)
legal system that serve to reduce legal uncertainty in the preliminary reference
procedure and the rulings of the Court of Justice. Drawing on theories from legal
realist Karl Llewellyn, legal steadying factors such as legal doctrine and
interpretative techniques are reviewed alongside the primary focus of this book,
extra-legal steadying factors.
This collection identifies and discuss the connections between human dignity and democracy from theoretical, substantive, and comparative perspectives. Drawing on detailed analyses of national and transnational law, it provides timely insights into the uses of human dignity to promote and challenge ideas of identity and solidarity.