Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.​

Die Rechtsetzung ist bereits im nationalen Kontext schwer genug; in mehrstufigen Umfeldern wie den Bundesländern oder der EU ist sie jedoch noch komplizierter. Auf zentraler Ebene müssen Gesetze der Autonomie und Diversität der einzelnen Einheiten Rechnung tragen und trotzdem effektiv, kohärent, einfach und zugänglich sein. Auf der dezentralen Ebene müssen Gesetzgeber die Gesetze, die auf zentraler Ebene erarbeitet wurden, in einem festgelegten Zeitraum in ihrem eigenen Rechtsrahmen implementieren. Diese Herausforderungen werden in diesem Werk, das ausgewählte Beiträge der 2018 an der Universität Antwerpen stattgefundenen Konferenz der Internationalen Gesellschaft für Gesetzgebung enthält, diskutiert. Es befasst sich mit allen Mehrebenensystemen; ein besonderer Fokus liegt jedoch auf der EU, wo die Spannung zwischen Autonomie und Effizienz besonders offensichtlich ist. Teil I untersucht das Thema auf allgemeinster Ebene und umfasst alle Typen von Mehrebenensystemen. Teil II befasst sich mit der EU-Perspektive und Teil III mit der Perspektive der Mitgliedsstaaten. Die Autoren sind Experten in verschiedenen Disziplinen und Praktiker, was einen interdisziplinäre Herangehensweise sicherstellt.

The classic debate surrounding the prolific role of the European Union in defining spheres of competence and power relationships has long divided scholarly opinion. However, in recent years, the long-standing acquiescence to the broad powers of the Union has given way to the emerging perception of a competence problem in Europe. For a long period it was taken for granted that the European Community could act whenever its action was justified on the basis of the widely interpreted objectives of the Treaties. However this context has since changed. There is a widespread perception of a competence problem in Europe and the overabundance of provisions limiting the Union's competences is one of the most obvious marks left by the Lisbon Treaty. This book discusses the extent to which the parameters of power throughout the Union and its Member States have been recast by the recent implementation of the Lisbon Treaty and doctrines developed by the European Court of Justice. Comprised of contributions from a vast array of leading practitioners and academics in the field of EU Law, this volume assesses the debate surrounding the political identity of the European Union, and further illustrates the relevance of the Federal theory of sharing competences for the development of EU Law. Finally, the question of new potential limits to Union's competence is addressed. If anything, this broad reflection on the notion of competence in the EU law context is a way of opening up the question of the nature and contours of the political identity of the European Union.

In this study, a general model is developed for judicial assessment of equal treatment cases. The model is based on theoretical research after the standards that should be used in assessing cases against the general principle of equal treatment, supplemented by an elaborate comparative analysis of the equal treatment case law in various legal systems. The result of this approach is an assessment model that is both theoretically sound and workable in practice. The use of the model by the courts will improve judicial reasoning and enhance the legitimacy of equal treatment case law.

It was a great pleasure to find such a rich analysis of the role of national parliaments in the EU. What I particularly like - and what proves to be particularly fruitful is the combination of perspectives; the EU law and national constitutional perspective including a comparative dimension, the perspective that explains the role of national parliaments in the EU from past to present (and even near future) and last but not least, the perspective of the interaction between the legal frameworks and the political reality. There is every reason to congratulate Adam Cygan wholeheartedly on this book. Ton Van Den Brink, Europa Instituut Utrecht, The Netherlands One of the most outstanding specialists on the role of national parliaments in the EU has produced another impressive book about this dynamic topic. It provides an illuminating overview of current practices, it sharply analyses the legal status quo, and it brings theoretical depth to the topic in multiple perspectives. Olaf Tans, Amsterdam University College, The Netherlands This accessible and detailed book takes an interdisciplinary approach in exploring the position of national parliaments in the EU polity and in particular their position within the EU governance framework. Adam Cygan analyses the impact of subsidiarity monitoring upon national parliaments and to what extent this provides new opportunities for national parliaments to be engaged in, and exert influence over, the EU legislative process. While the post-Lisbon position of national parliaments may have improved, this book questions whether national parliaments can really be considered as central actors in EU affairs. The author also queries whether subsidiarity monitoring has the capacity to create a collective bloc of horizontal actors which exert effective accountability over the EU legislative process. Accountability, Parliamentarism and Transparency in the EU will strongly appeal to academics, parliamentarians/parliamentary officials working in EU affairs, as well as EU civil servants.

First Published in 2010. Routledge is an imprint of Taylor & Francis, an informa company.

The State of European Integration provides scholars, practitioners, experts and students with a comprehensive account of the state of the European Union today. With contributions from leading scholars including Richard G. Whitman, Meltem Müftüler-Baç, Gülnur Aybet, Leila Simona Talani and Gareth Dale, the book examines the EU in a theoretically informed and empirically grounded manner. Opening with an exploration into the nature of the European Union as an international actor, it then assesses the impact of enlargement on institutions, policies and identity. The contributors investigate issues related to the degree of convergence and cohesion among members, and analyze the economic and monetary state of integration. The volume comes at a timely interval when there is a need to understand the present and future of the European Union.

Professional services are a key component of the EU internal market economy yet also significantly challenge the legal framework governing this internal market. Indeed, specific professional regulatory structures, which are often the result of a blend of government and self-regulation, hold clear potential for conflict with EU free movement and competition law rules. Hence this book looks at the manner in which both free movement and competition laws might apply to such self- and co-regulatory set-ups, and at the leeway given to quality considerations (apparently) conflicting with free movement or competition objectives. In addition, since court action will seldom suffice to genuinely integrate a market, the book also explores those instruments of EU secondary legislation that are likely to impact the most on the provision of professional services. However, the book goes beyond a mere inventory to ask how EU Internal Market policy could contribute to the optimal legal environment for professional services. A law and economics analysis is employed to investigate the need for specific professional rules, the preferred type of regulator (self-, co- or government regulation), and the level - national and/or European - at which regulation should be adopted. As becomes clear, the story of the market for professional services is one of market and government failure; the author is thus left to compare imperfect situations where market failures compete with rent-seeking efforts, the tendency towards over-centralisation and national protectionism. This book offers both an in-depth legal analysis of the EU framework as it applies to professional services as well as a more normative evaluation of this framework based on insights from law and economics scholarship. It will therefore be a valuable resource for all practitioners, policy-makers and academics dealing with professional services, as well as, more generally, with questions of quality and self-regulation.