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  3. Cambridge Studies in European Law and Policy

The focus of this series is European law broadly understood. It aims to publish original monographs in all fields of European law, from work focusing on the institutions of the EU and the Council of Europe to books examining substantive fields of European law as well as examining the relationship between European law and domestic, regional and international legal orders. The series publishes works adopting a wide variety of methods: comparative, doctrinal, theoretical and inter-disciplinary approaches to European law are equally welcome, as are works looking at the historical and political facets of the development of European law and policy. The main criterion is excellence i.e. the publication of innovative work, which will help to shape the legal, political and scholarly debate on the future of European law.

  • Series Editors: Mark Dawson, Hertie School of Governance, Berlin, Laurence Gormley, University of Groningen, Jo Shaw, University of Edinburgh
  • Advisory Boards: Kenneth Armstrong, University of Cambridge, Catherine Barnard, University of Cambridge, Richard Bellamy, University College London, Marise Cremona, European University Institute, Florence, Michael Dougan, University of Liverpool, Jacqueline Dutheil de la Rochère, Université de Paris II and Director of the Centre de Droit Européen, Paris, Daniel Halberstam, University of Michigan, Dora Kostakopoulou, University of Warwick, Ingolf Pernice, Director of the Walter Hallstein Institut, Humboldt-Universität zu Berlin, Sinisa Rodin, Court of Justice of the European Union, Eleanor Spaventa, Durham University, Neil Walker, University of Edinburgh, Stephen Weatherill, University of Oxford

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54 results in Cambridge Studies in European Law and Policy

Page 1 of 3

Sustainability and EU Migration Law
  • Tracing the History of a Contemporary Concept
  • Alezini Loxa
  • Coming soon
  • Expected online publication date:
    May 2025
    Print publication:
    31 May 2025
  • Sustainable migration is the new objective of the EU migration policy. But what does this mean in terms of legal design? What instruments should be put in place to achieve it? And most importantly what does it imply for migrants' rights? While sustainability has attracted scholarly attention in law and politics already since the 1990s, sustainable migration is an extremely understudied topic with no conclusive research carried on the matter. The book covers a unique scholarly gap by being the first ever contribution that traces the history of sustainable migration in EU law, demonstrates its limitations and potentials and puts forward concrete proposals on how EU migration law should develop in the future. This title is also available as open access on Cambridge Core.

Trilogues
  • The Democratic Secret of European Legislation
  • Giacomo Rugge
  • Coming soon
  • Expected online publication date:
    January 2025
    Print publication:
    23 January 2025
  • The events of the last ten years have shaken the “permissive consensus” that kept the European integration process going for many years. 'Output democracy', as based on decisions presumably meeting the needs of the citizens, is no longer enough to obtain public support. Never before has a process-oriented approach to European democracy been more urgent. This book aims to address this urgency, by providing an account of the European legislative process that is less conventional and does justice to the democratic potential inherent in trilogues. In particular, this book provides: a comprehensive reconstruction of the workings of trilogues, relying on internal documents collected through a series of access to documents requests; gives meaning to the legal notion of informality, understood as one of the most defining, although elusive, features of trilogues; squares the practice of trilogues with the European democratic order of the Treaties, showing that such a practice is compatible with a model of 'negotiation democracy'.

Open Strategic Autonomy in EU Trade Policy
  • Assessing the Turn to Stronger Enforcement and More Robust Interest Representation
  • Wolfgang Weiß, Cornelia Furculita
  • Published online:
    29 November 2024
    Print publication:
    12 December 2024
  • This book analyses whether the recent reorientation of EU trade policy towards stronger enforcement and more robust representation of interests, resulting in a series of new or amended legislative tools, is in conformity with the EU's international commitments, particularly WTO, FTA, environmental, and general international law, and with its multilateralist stance and underlying constitutional obligations. The analysis is also set against the consequences that would flow from within the EU legal order, providing readers with a comprehensive view of the external and internal constraints on trade policy that the EU should respect, as well as the leeway it enjoys. In case of potential tensions, it submits changes that would better balance the EU's new ambitions and international obligations. Furthermore, the book looks beyond the possible legal repercussions to consider the broader political implications of these instruments on the credibility of the EU's commitment to multilateralism and international law.

Reimagining Prosperity
  • Toward a New Imaginary of Law and Political Economy in the EU
  • Marija Bartl
  • Published online:
    18 October 2024
    Print publication:
    21 November 2024
  • The historic task of the European Union (EU) today, this book argues, is to articulate and institute a new imaginary of prosperity. Imaginaries of prosperity integrate societies around the shared pursuit of a prosperous future, rendering 'political-economic' questions as the main preoccupation of politics. The new imaginary of prosperity in the EU must be able to provide answers to contemporary societal challenges while also conjuring a world in which people want to live. Through analyses of several policy fields, the book shows that the EU has already made modest strides in fostering more caring consumption, circular products and technologies, sustainable industry, and fairer corporate activity. But the EU must go further and faster if it hopes to respond effectively to Europe's problems, while arresting another descent into tribalism. This title is also available as Open Access on Cambridge Core.

The European Union, Emerging Global Business and Human Rights
  • Aleydis Nissen
  • Published online:
    10 November 2022
    Print publication:
    17 November 2022
  • Emerging and developing states are home to powerful corporations capable of deploying economic activities on a global scale through the rapid pace of technological change and globalisation. But such corporations have to date been largely overlooked in the field of business and human rights. Treatment of such corporations has typically been in the context of supply chain studies, as subsidiaries of corporations from economically developed Western states. This book takes a radically different approach. It aims to investigate the conditions under which the European Union and its Member States regulate and remedy human rights violations by corporations from emerging and developing states. Stemming from the hypothesis that the EU intends to play a central role, Aleydis Nissen explores how the EU and its Member States attempt to ensure that EU-based businesses are not undercut by emerging competition, drawing on global examples to illustrate this developing phenomenon.

The Procedural and Organisational Law of the European Court of Justice
  • An Incomplete Transformation
  • Christoph Krenn
  • Published online:
    15 September 2022
    Print publication:
    22 September 2022
  • How should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.

The European Central Bank and the European Macroeconomic Constitution
  • From Ensuring Stability to Fighting Crises
  • Klaus Tuori
  • Published online:
    15 September 2022
    Print publication:
    22 September 2022
  • The book is about money, central banking and constitutions. It explains how the European Central Bank was established to ensure stability and prosperity for the euro area. The ECB was guided and controlled by a coherent European Macroeconomic Constitution. However, this model has failed during recurring crises, and the ECB has started to act as the euro area fire brigade. Consequently, it is pushing the boundaries of monetary policy, and with that challenging the accountability mechanisms and fundamentally also the democratic legitimacy of the EMU. The book sheds light on this complex economic-constitutional setting with a view on the future. The imbalance between various new operations and a single price stability objective is difficult to remedy. New objectives of financial stability, economic adjustment and environmental sustainability can cause fundamental ruptures between the ECB's formal role and its actions, and they also dangerously overburden monetary policy moving forward with substantial risks.

The New Economic Governance of the Eurozone
  • A Rule of Law Analysis
  • Paul Dermine
  • Published online:
    14 July 2022
    Print publication:
    28 July 2022
  • The Eurozone and the European Union have recently been confronted with a number of existential threats. The sovereign debt crisis and the COVID-19 pandemic have forced European decisionmakers to pass important reforms which have radically transformed the nature and scope of the Union's powers in the field of economic and fiscal policy. As the new economic governance of the Eurozone emerges as the main driver of integration in today's Europe, this book seeks to assess the solidity of the constitutional foundations supporting that system, and its compliance with the Union's core founding value: the rule of law. Using competence allocation, regulatory quality, access to external review and fundamental rights sustainability as analytical benchmarks, this book argues that the recent metamorphosis of Eurozone economic governance has not been accompanied by a parallel strengthening of its constitutional settlement, leading to a problematic misalignment between the Union's action and its governing principles.

Digital Constitutionalism in Europe
  • Reframing Rights and Powers in the Algorithmic Society
  • Giovanni De Gregorio
  • Published online:
    06 May 2022
    Print publication:
    26 May 2022
  • This book is about rights and powers in the digital age. It is an attempt to reframe the role of constitutional democracies in the algorithmic society. By focusing on the European constitutional framework as a lodestar, this book examines the rise and consolidation of digital constitutionalism as a reaction to digital capitalism. The primary goal is to examine how European digital constitutionalism can protect fundamental rights and democratic values against the charm of digital liberalism and the challenges raised by platform powers. Firstly, this book investigates the reasons leading to the development of digital constitutionalism in Europe. Secondly, it provides a normative framework analysing to what extent European constitutionalism provides an architecture to protect rights and limit the exercise of unaccountable powers in the algorithmic society. This title is also available as open access on Cambridge Core.

The Constitutional Boundaries of European Fiscal Federalism
  • Brady Gordon
  • Published online:
    07 April 2022
    Print publication:
    14 April 2022
  • This book bridges the study of European constitutionalism with the study of 'fiscal federalism' – the subfield of public economics concerned with structuring public finances between different levels of government in federal states. On one axis, this book delves into European Union and Member State constitutional law from all EU Member States in order to investigate and identify the existence of permanent constitutional boundaries that will impinge upon the selection of proposed models for EU fiscal federalism. On the second axis, this book engages the study of fiscal federalism in order to determine which institutional configurations known to that field remain legally and economically implementable within those boundaries. It provides a far-reaching investigation of which models of fiscal federalism are compatible with the constitutional boundaries of the European legal order.

Fissures in EU Citizenship
  • The Deconstruction and Reconstruction of the Legal Evolution of EU Citizenship
  • Martin Steinfeld
  • Published online:
    11 January 2022
    Print publication:
    06 January 2022
  • This book argues that core concepts in EU citizenship law are riddled with latent fissures traceable back to the earliest case law on free movement of persons, and that later developments simply compounded such defects. By looking at these defects, not only could Brexit have been predicted, but it could also have been foreseen that unchecked problems with EU citizenship would potentially lead to its eventual dismantling during an era of widespread populism and considerable challenges to further integration. Using a critical constructivist approach, the author painstakingly outlines the 'temple' of citizenship from its foundations upwards, and offers a deconstruction of concepts such as 'worker', the role of non-economic actors, the principle of equal treatment, and utterances of citizenship. In identifying inherent fissures in the concept of solidarity and post national identification, this book poses critical questions and argues that we need to reconstruct EU citizenship from the bottom up.

Can the European Court of Human Rights Shape European Public Order?
  • Kanstantsin Dzehtsiarou
  • Published online:
    25 November 2021
    Print publication:
    02 December 2021
  • In this book, Kanstantsin Dzehtsiarou argues that, from the legal perspective, the formula 'European public order' is excessively vague and does not have an identifiable meaning; therefore, it should not be used by the European Court of Human Rights (ECtHR) in its reasoning. However, European public order can also be understood as an analytical concept which does not require a clearly defined content. In this sense, the ECtHR can impact European public order but cannot strategically shape it. The Court's impact is a by-product of individual cases which create a feedback loop with the contracting states. European public order is influenced as a result of interaction between the Court and the contracting parties. This book uses a wide range of sources and evidence to substantiate its core arguments: from a comprehensive analysis of the Court's case law to research interviews with the judges of the ECtHR.

The Politics of Legal Expertise in EU Policy-Making
  • Päivi Leino-Sandberg
  • Published online:
    16 September 2021
    Print publication:
    23 September 2021
  • Legal advisers working in the institutions of the European Union exercise significant power, but very little is known about their work. Notwithstanding the handful of cases where legal matters find their way into the news, legal advice remains invisible in EU policy making. For more than ten years Päivi Leino-Sandberg was a part of the invisible community of EU legal advisers, and participated in the exercise of their power. In this book, she shares her insights about how law and lawyers work in the EU institutions, and what their role and impact is on EU decisions from within the decision-making structure. She draws on interviews with over sixty EU lawyers and policymakers: legal experts who interpret the Treaties within the Institutions, draft legislation and defend the Institutions before the EU Court. Telling the true stories behind key negotiations, this book explores the interplay and tensions between legal requirements and political ambitions.

Private Selves
  • Legal Personhood in European Privacy Protection
  • Susanna Lindroos-Hovinheimo
  • Published online:
    14 May 2021
    Print publication:
    27 May 2021
  • Data protection has become such an important area for law – and for society at large – that it is important to understand exactly what we are doing when we regulate privacy and personal data. This study analyses European privacy rights focusing especially on the GDPR, and asks what kind of legal personhood is presupposed in privacy regulation today. Looking at the law from a deconstructive angle, the philosophical foundations of this highly topical field of law are uncovered. By analysing key legal cases in detail, this study shows in a comprehensive manner that personhood is constructed in individualised ways. With its clear focus on issues relating to European Union law and how its future development will impact wider issues of privacy, data protection, and individual rights, the book will be of interest to those trying to understand current trends in EU law.

The Boundaries of the EU Internal Market
  • Participation without Membership
  • Marja-Liisa Öberg
  • Published online:
    02 November 2020
    Print publication:
    05 November 2020
  • The book examines the twofold 'boundaries' of the concept of the European Union's internal market – the geographical and the substantive – through the prism of expanding the internal market to third countries without enlarging the Union. The book offers a comprehensive analysis of the conditions under which the internal market can effectively be extended to third countries by exporting EU acquis via international agreements without sacrificing its defining characteristics. Theoretical rather than empirical in approach, the book scrutinises and meticulously questions the required level of uniformity within flexible integration relating to the substantive scope of the internal market, the role of foundational principles in the European Union's market edifice, and the institutional framework necessary for granting third country actors full participation in the internal market while safeguarding the autonomy of the Union's legal order.

The Currency of Solidarity
  • Constitutional Transformation during the Euro Crisis
  • Vestert Borger
  • Published online:
    24 September 2020
    Print publication:
    08 October 2020
  • In their fight against the debt crisis, the European Union and its member states took measures that have profoundly changed the euro. It now differs fundamentally from when it was introduced by the Treaty of Maastricht. Surprisingly, this change has come about with hardly any formal amendment to the Union's 'basic constitutional charter', the Treaties. How, then, to understand it? This book argues that the constitution of the EU has transformed, which occurs when constitutions change without amendment. The transformation is characterized by a broadening of the currency union's stability conception from price stability to also financial stability. Using solidarity as a lens, the book conceptualises the unity of the member states and analyses how this was preserved during the crisis. Subsequently, it explains how that changed the currency union's set-up and why the European Court of Justice could not turn against the change in Pringle and Gauweiler.

Empire of Law
  • Nazi Germany, Exile Scholars and the Battle for the Future of Europe
  • Kaius Tuori
  • Published online:
    23 March 2020
    Print publication:
    02 April 2020
  • European legal integration is often justified with reference to the inherent unity of European legal traditions that extend to ancient Rome. This book explores the invention of this tradition, tracing it to a group of legal scholars divided by the onslaught of Nazi terror and totalitarianism in Europe. As exiles in Britain and the US, its formulators worked to build bridges between the Continental and the Atlantic legal traditions, incorporating ideas such as rule of law, liberty and equality to the European heritage. Others joined the Nazi revolution, which promoted its own idea of European unity. At the end of World War Two, natural law and human rights were incorporated into the European project. The resulting narrative of Europe, one that outlined human rights, rule of law and equality, became consequently a unifying factor during the Cold War as the self-definition against the challenge of communism.

In the Court We Trust
  • Cooperation, Coordination and Collaboration between the ECJ and Supreme Administrative Courts
  • Rob van Gestel, Jurgen de Poorter
  • Published online:
    28 November 2019
    Print publication:
    19 December 2019
  • The preliminary reference procedure has long been envisaged as a judicial dialogue between the European Court of Justice and national courts. However, in reality the relationship appears to be closer to one of growing separation rather than to a happy marriage between equal partners. This book tries to find out: what is behind this? A study of the existing literature, combined with a case law analysis and interviews with judges, has shown that there are a number of important stumble blocks hindering the communication between these courts, such as language barriers, time constraints, and a failing digital infrastructure. However, on a deeper level there also appears to be a lack of mutual trust that prevents Supreme Administrative Courts from using the possibilities the procedure provides, such as the opportunity to offer provisional answers to the Court of Justice and the use of requests for clarification by the latter.

Beyond Minimum Harmonisation
  • Gold-Plating and Green-Plating of European Environmental Law
  • Lorenzo Squintani
  • Published online:
    04 June 2019
    Print publication:
    23 May 2019
  • This book explains the functioning of shared competences in environmental protection by focusing on member states' interaction with the EU framework. By studying this interaction, Squintani reveals room for improving the level of environmental protection, legal certainty, and efficiency of the system for environmental protection envisaged under the EU Treaties. Accordingly, this book makes a contribution to EU environmental law and policy, but also should be of interest to constitutional lawyers more generally and to scholars working in any field of EU policy and law in which minimum harmonisation is used. Thanks to its focus and clear, accessible prose, this book is also valuable additional reading material for environmental law courses, and to those involved in decision-making in the EU.

The Politics of Justice in European Private Law
  • Social Justice, Access Justice, Societal Justice
  • Hans-W Micklitz
  • Published online:
    26 October 2018
    Print publication:
    15 November 2018
  • The Politics of Justice in European Private Law intends to highlight the differences between the Member States' concepts of social justice, which have developed historically, and the distinct European concept of access justice. Contrary to the emerging critique of Europe's justice deficit in the aftermath of the Euro crisis, this book argues that beneath the larger picture of the Monetary Union, a more positive and more promising European concept of justice is developing. European access justice is thinner than national social justice, but access justice represents a distinct conception of justice nevertheless. Member States or nation states remain free to complement European access justice and bring to bear their own pattern of social justice.

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