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Process-Oriented Federalism in EU Law

Xavier Groussot & Darren Harvey

50.00 EUR

Publisher: EU Law Live

Published: 12/11/2024

Language: English

ISBN: 978-84-123589-4-0

Item Weight: 1 kg

Dimensions: 25 x 18 x 3,5 cm cm

Format: Hardback

Extent: 216 pgs.

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This book brings together contributions from EU legal scholars interested in process-based approaches to navigating the federal balance of competences within the European Union.  The book discusses the relationship between the procedural and substantive aspects of judicial review in EU law, and offers a comparative perspective on these ma ers, using the US and the ECHR systems as examples. In so doing, the contributions in this book also analyse the scope of application and limits of the theory of process-oriented federalism in EU law. With procedural dimensions to EU law constantly growing, this book seeks to develop doctrinal and theoretical frameworks which help to explain and comprehend this evolution, thus filling a gap in EU legal research.

Angelica Ericsson is PhD candidate and Lecturer in EU law at Lund University, with professional experience as a legal secretary at the Court of Justice and as an associate judge in the Swedish judiciary.

Giulia Gentile is Lecturer in Law at Essex Law School.

Janneke Gerards is State Councillor in the Advisory Division of the Council of State of the Netherlands and professor of fundamental rights law at Utrecht University, the Netherlands.

Xavier Groussot is Professor of EU Law at Lund University, Faculty of Law. He is also invited professor in 2024-2025 at the University of Panthéon-Assas (Paris II), University of Bologna (Alma Mater), University of Nagoya and ELTE University (Budapest).

Darren Harvey is Senior Lecturer in Law at King’s College London. He holds a PhD in Law from the University of Cambridge. He has held teaching positions at the Universities of Edinburgh and Cambridge, as well as at the Europa Institut, Saarland University.

Giuseppe Martinico is Full Professor of Comparative Public law at Scuola Superiore Sant’Anna, Pisa.

Patricia Popelier is Full Professor of Constitutional Law at the University of Antwerp, senior research fellow at the University of Kent, Centre for Federal Studies, and director of the research group on Government and Law. She is the author of a monography on Dynamic Federalism: A new theory for Cohesion and Regional Autonomy (Routledge 2021).

Takis Tridimas is Professor of Law and Director of the Luxembourg Centre for European Law, University of Luxembourg.

Araceli Turmo is Associate Professor at the Faculty of Law and Political Sciences, Nantes University. Her research focuses on EU procedural law and EU criminal law. She recently published Res Judicata. A Multi-Faceted Principle in a Multilevel Judicial System with EULawLive Press.

Anna Zemskova is postdoctoral Fellow at the Faculty of Law, Lund University.

LIST OF AUTHORS

INTRODUCTION
Xavier Groussot and Darren Harvey

CHAPTER 1. Process-Oriented Federalism in the European Union
Xavier Groussot and Darren Harvey

CHAPTER 2. Process and Substance in EU Law: Imperfect Boundaries and Common Objectives
Takis Tridimas

CHAPTER 3. In Search of Inspiration for Proceduralism in the EU: Proceduralism in the Context of US Constitutional Law and the ECHR as Examples
Anna Zemskova

CHAPTER 4. Process Federalism Review in the European Union: Autonomy Concerns in the Spotlight, but what about Cohesion?
Patricia Popelier

CHAPTER 5. EU Judicial Federalism: A Conceptual Analysis
Giulia Gentile

CHAPTER 6. Procedural Review by the European Court of Human Rights – a Typology of Functions for the Court’s Reasoning
Janneke Gerards

CHAPTER 7. Building Common Standards Through Judicial Procedure: A Federalist Analysis of the ECJ’s case law on the Judicial Systems of the Member States
Araceli Turmo

CHAPTER 8. National Pre-Authorisation Schemes and the EU’s Demands for Objectivity Safeguards – Allowing Policy Discretion while Streamlining Administrative Process
Angelica Ericsson

CHAPTER 9. The Jeffersonian Moment in EU Law: Constitutional Conflicts in the Context of Process-Oriented Federalism
Xavier Groussot and Giuseppe Martinico