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07875aam a2200349 i 4500 001 79CD43508FC011ECBA4AA6A62FECA4DB 003 SILO 005 20220217010136 008 201230t20212021enk b 001 0 eng d 020 $a 1352012413 020 $a 9781352012415 020 $a 135201209X 020 $a 9781352012095 035 $a (OCoLC)1228319200 040 $a YDX $b eng $e rda $c YDX $d YDX $d BDX $d YDX $d OCLCO $d UAB $d OCLCF $d PAU $d SILO 043 $a e------ 050 4 $a KJE947 $b .A33 2021 100 1 $a Adams-Prassl, Jeremias, $e author. 245 10 $a Great debates in EU law / $c Jeremias Adams-Prassl, Sanja Bogojevic. 264 1 $a London : $b Macmillan International Higher Education : $c 2021. 300 $a xxii, 221 pages ; $c 24 cm. 490 1 $a Great debates in law 504 $a Includes bibliographical references and index. 505 00 $a Machine generated contents note: $g (B). $t Further Reading. $g Debate 1 $t How did the European Economic Community become the European Union? -- $g (A). $t Integration Through Economics -- and Law -- $g Debate 2 $t A new legal order? -- $g (A). $t Beyond Dualism: Supreme Rights for Individuals -- $g (B). $t Dual Vigilance -- $g Debate 3 $t An ever closer Union? -- $g (A). $t Three Themes -- $g (B). $t The Ride Ahead -- $t Further Reading -- $g 2. $t Regulating Bananas: Conferral, Competence, and the Exercise of Union Powers -- $g Debate 1 $t Conferral as enabling Union action -- $g (A). $t Conferral -- $g (B). $t From Agriculture to Zoology: Union Powers -- $g (C). $t Member States as (Generous, Tet Anxious) Masters of the Treaties -- $g Debate 2 $t Conferral as a limit on Union competence -- $g (A). $t Red Lines ... or Gaping Holes? -- $g (B). $t Competence Creep Revisited -- $g (C). $t Regulating Bananas -- Properly -- $t Conclusion: Competence Creep as a Bug, or Feature? -- $t Further Reading -- $g 3. $t Inside the Sausage Factory: EU Law-Making, Political and Legal Safeguards, and Democracy -- $g Debate 1 $t IsEU law-making overly centralised? -- $g (A). $t EU Legal Acts: From Cradle to Adulthood -- $g (B). $t Initiating Legislation: Starting the Production Line -- $g (C). $t Decision-making: Polycentricity in Action -- $g (D). $t Implementation: It Ain't Over `Till It's Over' -- $g (E). $t Enforcement: The Last Resort -- $g Debate 2 $t Is there any way of challenging `Brussels'? -- $g (A). $t Political Safeguards -- $g (B). $t Legal Safeguards -- $g Debate 3 $t Is EU law-making undemocratic? -- $g (A). $t Unpacking the Democratic Deficit -- $g (B). $t To Whom Are EU Institutions Accountable? -- $t Conclusion: An Endowment for Democracy -- $t Further Reading -- $g 4. $t Ferraris vs Bicycles: Challenging EU Action: A Complete System of Remedies? -- $g Debate 1 $t Who gets to challenge EU action -- and how? -- $g (A). $t Judicial Review at the Union Level -- $g (B). $t Judicial Review for Individuals -- $g Debate 2 $t Should individuals enjoy direct access to Luxembourg? -- $g (A). $t Standing for Natural and Legal Persons -- $g (B). $t Regulatory Acts: The Post-Lisbon Landscape -- $g Debate 3 $t Can there be gaps in a complete system of remedies? -- $g (A). $t How Big Are the Holes in the Net? -- $g (B). $t Remaining Gaps: So What? -- $t Conclusion: Ferraris, Bicycles, and the `Art of Traffic Control' -- $t Further Reading -- $g 5. $t Claws for Paper Tigers: Harmonious Interpretation, Direct Effect, Damages, and the Quest for National Procedural Autonomy -- $g Debate 1 $t Making rights effective? -- $g (A). $t Harmonious Interpretation: Bend It Like Beckham? -- $g (B). $t Direct Effect: The `Silent Right' of Individuals -- $g (C). $t Damages: A Lovers' Triangle' -- $g (D). $t A Hierarchy of Remedies? -- $g Debate 2 $t Should EU law respect national procedural autonomy? -- $g (A). $t Too Far? -- $g (B). $t Not Far Enough? -- $g (C). $t A Middle Way -- $t Conclusion: Peaceful Coexistence Between the Species -- $t Further Reading -- $g 6. $t Feminists vs Founding Fathers: Individual Rights, Obligations, and the Horizontal Effect(s) of EU Law -- $g Debate 1 $t Should EU law impose obligations on individuals? -- $g (A). $t The Case for Horizontal Direct Effect -- $g (B). $t The Case Against Horizontality -- $g Debate 2 $t Should all EU law apply horizontally? -- $g (A). $t Directives -- $g (B). $t General Principles -- $g (C). $t The Charter of Fundamental Rights -- $g Debate 3 $t Has the CJEU achieved horizontal effect of directives by the back door? -- $g (A). $t Recognising a Broad Notion of the State -- $g (B). $t Horizontal Harmonious Interpretation (`Indirect Effect') -- $g (C). $t The Knock-On Effects of Supremacy (`Incidental Effect') -- $t Conclusion: Legal Certainty vs Effectiveness -- $t Further Reading -- $g 7. $t Umpire or Emperor?: Preliminary References, Supremacy, and the Court of Justice -- $g Debate 1 $t Is the CJEU a Supreme Court? -- $g (A). $t Article 267 TFEU: Procedural Innovation or Revolutionary Constitutionalism? -- $g (B). $t Asking the (Right) Question -- $g (C). $t Giving the Correct Answer: Interpretation vs Application of EU Law -- $g (D). $t Tension in the Air -- $g Debate 2 $t Who should have the ultimate say? -- $g (A). $t The Supremacy of EU Law -- $g (B). $t Dogs That Bark -- $g (C). $t Dogs That Bite -- $t Conclusion: The Court of Justice as an S&M Dungeon? -- $t Further Reading -- $g 8. $t Get Up, Stand Up -- Stand Up for Your Rights: EU Human Rights Protection -- $g Debate 1 $t Why should the EU protect human rights? -- $g (A). $t Shoring up Supremacy and Legal Autonomy -- $g (B). $t With Great Power Comes Great Responsibility -- $g Debate 2 $t How should the Charter protect fundamental rights? -- $g (A). $t The Journey from `Solemn Proclamation' to Primary Treaty Status -- $g (B). $t What Rights Should Be Protected? -- $g (C). $t How Far Should the Charter Go? -- $g (D). $t The Charter in Action -- $g Debate 3 $t Too much of a good thing? -- $g (A). $t Should the EU Accede to the ECHR? -- $g (B). $t Can Member States Diverge from Protective Standards? -- $t Conclusion: The EU's Human Rights Paradox -- $t Further Reading -- $g 9. $t Ever Closer Union(s): Free Movement of Persons and Citizenship -- $g Debate 1 $t What is at stake? -- $g (A). $t `We Wanted Workers, and Humans Came' -- $g (B). $t Winners and (Potential) Losers -- $g (C). $t Schrboinger's Immigrant -- $g Debate 2 $t Rights for the few (who are economically active)? -- $g (A). $t Foundations: The Treaty -- $g (B). $t The Citizens' Rights Directive -- $g Debate 3 $t Rights for all (citizens)} -- $g (A). $t Cives Europaeus Sum? -- $g (B). $t Purely Internal Situations -- $t Conclusion: Citizenship as a Metaphor or a Source of Rights? -- $t Further Reading -- $g 10. $t Sex Dolls, Beer, and Keck: Free Movement of Goods and the Internal Market -- $g Debate 1 $t What kind of market? -- $g (A). $t The Benefits of Free Trade -- $g (B). $t The Cost of Free Trade -- $g (C). $t A Market Without Internal Frontiers -- $g Debate 2 $t What is a trade barrier? -- $g (A). $t Easy Cases: Quantitative Restrictions and Measures of Equivalent Effect -- $g (B). $t Indistinctly Applicable Rules: Technical Standards -- $g (C). $t Generic Obstacles to Trade -- $g (D). $t Market Access: Having Tour Keck and Eating It? -- $g Debate 3 $t When can a trade barrier be justified? -- $g (A). $t Article 36 TFEU -- $g (B). $t Mandatory Requirements -- $g (C). $t Proportionality -- $t Conclusion: `You Cannot Fall in Love with the Single Market' -- $t Further Reading -- $g 11. $t Back to the Future: A Union Ready for the Challenges Ahead? -- $g Challenge 1 $t The return of the nation-state -- $g (A). $t Populism -- $g (B). $t The EU as a Protector of the Rule of Law -- $g Challenge 2 $t The climate crisis -- $g (A). $t Governance Models -- $g (B). $t A `Green Recovery' -- $g Challenge 3 $t Digitalisation -- $g (A). $t The Digital Single Market -- $g (B). $t Towards a European Digital Strategy -- $t Conclusion: Looking Back, Going Forward -- $t Further Reading. 650 0 $a Law $z European Union countries. 650 7 $a Law. $2 fast $0 (OCoLC)fst00993678 651 7 $a European Union countries. $2 fast $0 (OCoLC)fst01269470 700 1 $a Bogojevic, Sanja, $d 1982- $e author. 830 0 $a Great debates in law. 941 $a 1 952 $l OVUX522 $d 20231017014327.0 956 $a http://locator.silo.lib.ia.us/search.cgi?index_0=id&term_0=79CD43508FC011ECBA4AA6A62FECA4DBInitiate Another SILO Locator Search