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Republican Europe Anna Kocharov

Republican Europe By Anna Kocharov

Republican Europe by Anna Kocharov


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Republican Europe Summary

Republican Europe by Anna Kocharov

Constitutional orders constitute political communities and international orders deriving from them by managing conflicts that threaten peace. This book explores how a European political community can be advanced through EU constitutional law. The constitutional role of the Union is to ensure peace by addressing two types of conflict. The first are static conflicts of interests between the national polities in the EU. These are avoided by ensuring reciprocal non-interference between Member States in the Union through deregulation in Union law. The second are dynamic conflicts of ideas about positive liberty held by the peoples of Europe. These can be resolved through regulation in a European political space. Here, EU law enables a continuous process of re-negotiating a shared European idea of positive liberty that can be accepted as its own by each national polity in the EU. These solutions to the two types of conflicts correspond to the liberal and republican models for Europe. The claim of this book is that the constitutional design of Europe presents both liberal and republican features. Taking an innovative approach, which draws on arguments from substantive law, constitutional theory, case law analysis, insights from psychology and philosophy, it identifies how best to strengthen the Union through constitutional law.

Republican Europe Reviews

By providing a thorough and sharp analysis of the roots of the EU constitutional design, this book elucidates Europes crises of governance as very few have done in the past. It is a major contribution to our understanding of the increasingly complex EU machinery. -- Massimo Fichera * Common Market Law Review *

About Anna Kocharov

Anna Kocharov holds a PhD from the European University Institute, Florence.

Table of Contents

Introduction 1. Europe in Crises 2. Policy Choices and Constitutional Choices 3. Whats In a Policy? 4. Argument Overview 1. Liberty in the Constitutional Construct of Europe 1. The Constitutional Soul of Europe 2. Legitimacy of the Union and the Paradox of Polity 3. Capturing the Paradox: Voice, Exit and Loyalty 4. The Three Aspects of Liberty 5. Europes Love Triangle 6. Europe as a Liberty-Preserving Construct 7. Constitutive Elements of EU Constitutional Order 2. A Union of Polities: Negative Liberty 1. The Nature of Europes Union: Non-Interference Between National Polities 2. Non-Interference vs Positive Liberty in EC External Agreements 3. The Boundaries of Europes Union: Reciprocity of Commitment 4. Constitutional Dilemma of Internal over External 5. Non-Interference between Member States Prevails over External Positive Liberty 6. The RightsAdmission Dichotomy to Balance Negative and Positive Liberty 7. Integration Through Law or Integration Through Politics? 3. A Political Union: Positive Liberty 1. A New Solution for an Old Problem 2. Emancipation of Politics and the European Political Space 3. Emergence of a European Political Process 4. Constitutional Elements of Post-Lisbon Law 5. Pluralism Under Union Law 4. Conflict in Union Law 1. Conflict as the Object of Union Law 2. Legitimacy of Policy Choices 3. Deciding Who Decides (in) Union Law 4. Demise of the Vertical Balance of Powers 5. From Balance of Powers to Balance of Polities 5. The EU Court and Liberty from Dependence 1. The Triumph of Positive Liberty 2. Liberal Review of a Republican Policy 3. Domination of Mutual Trust and the Faux Virtue of Solidarity 4. The Invisible Liberty 6. Conclusion: Union Law as the Pacifier of Conflicts

Additional information

NLS9781509933051
9781509933051
1509933050
Republican Europe by Anna Kocharov
New
Paperback
Bloomsbury Publishing PLC
2019-10-31
232
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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