The Passivity of Law

Competence and Constitution in the European Court of Justice

Authors: Corrias, Luigi

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  • An in-depth analysis of the 'competence creep' in EU law
  • First book to use the work of Merleau-Ponty to rethink European integration
  • Offers original interpretations of constitutional theory, rule-following and authority
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eBook 101,14 €
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  • ISBN 978-94-007-1034-4
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Hardcover 124,79 €
price for Spain (gross)
  • ISBN 978-94-007-1033-7
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  • Usually dispatched within 3 to 5 business days.
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Softcover 124,79 €
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  • ISBN 978-94-007-9208-1
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  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
About this book

Europe’s constitutional journey has not been a smooth one, and a better division and definition of competence in the European Union is a key issue that needs to be addressed. How can the division of competence be made more transparent? Should there be a reorganization of competence? How can it be ensured that the redefined division of competence will not lead to a creeping expansion of the competence of the Union or to encroachment upon the exclusive areas of competence of the Member States and regions? And how can it be ensured that the European dynamic does not come to a halt? Indeed, has the creeping expansion of the competence of the Union already come to a halt? These are the legal and political questions this book takes as its starting point for an in-depth exploration of the philosophical foundations of European constitutionalism.

 

The Passivity of Law: Competence and Constitution in the European Court of Justice opens with a legal account of the competence creep, including the role that the European Court of Justice plays in it and a sketch of the present division of competences and the main principles regulating it. It then discusses the relationship between constituent power and constituted or constitutional power from the viewpoint of the history of constitutional theory before offering an alternative interpretation of their relationship, the “chiastic theory,” which is based on the philosophical investigations of M. Merleau-Ponty. It details how this chiastic approach can be used to make sense of the Court’s role in the competence creep in general and the doctrine of implied powers in particular, and it utilizes several case studies concerning competences to sustain this claim. Aimed at researchers and practitioners in Philosophy, Phenomenology, Political Science, the Social Sciences and numerous fields of law, this monograph is a seminal work in the evolving theory and practice of EU (constitutional) law.

Table of contents (5 chapters)

Table of contents (5 chapters)

Buy this book

eBook 101,14 €
price for Spain (gross)
  • ISBN 978-94-007-1034-4
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 124,79 €
price for Spain (gross)
  • ISBN 978-94-007-1033-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
Softcover 124,79 €
price for Spain (gross)
  • ISBN 978-94-007-9208-1
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
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Bibliographic Information

Bibliographic Information
Book Title
The Passivity of Law
Book Subtitle
Competence and Constitution in the European Court of Justice
Authors
Copyright
2011
Publisher
Springer Netherlands
Copyright Holder
Springer Science+Business Media B.V.
eBook ISBN
978-94-007-1034-4
DOI
10.1007/978-94-007-1034-4
Hardcover ISBN
978-94-007-1033-7
Softcover ISBN
978-94-007-9208-1
Edition Number
1
Number of Pages
XV, 171
Topics