The Future of Europe: Political and Legal Integration Beyond Brexit (Swedish Studies in European Law)

"The European Union is at a crossroads. Slowly recovering from a series of financial and economic crises, with trust fundamentally shaken by processes of disaggregation and increasingly nationalist politics, it is searching for new visions that are at once inspiring and workable. In its White Paper of 1 March 2017, the Commission proposed five non-exclusive options for the Future of Europe. As put by the Commission, the five scenarios are illustrative in nature to provoke thinking. They are not detailed blueprints or policy prescriptions. Likewise, they deliberately make no mention of legal or institutional processes - the form will follow the function. This book takes the current state of the Union seriously. However, it aims to debate not only the political vision of Europe, but also the issue of legal integration beyond Brexit. Apart from addressing the institutional challenges for the EU, the contributions to this volume focus on two key areas: rule of law and security. Rule of law and security are not only paradigmatic for the future of Europe but are also closely connected to a particular vision of Europe based on `integration through law'; a vision that has been strongly contested in recent years. The overarching question is: how can sustainable political and legal integration be achieved in Europe? The volume builds on a conference organised by the Swedish Network for European Legal Studies in November 2017 and includes chapters by leading scholars in the field from the Nordic countries and wider Europe."-- Résumé de l'éditeur Preface Contents List of Contributors Table of Cases Table of Legislation Table of Treaties Introduction Towards Sustainable Political and Legal Integration in Europe References Part I: Institutional and Constitutional Fundaments of the Union 1. Saving Liberal EuropeLessons from History I. The Challenge II. Europe in Historical Context III. A more Sustainable Europe IV. The Indispensable Nation – and its Responsibility References 2. The EU, Democracy and Institutional StructurePast, Present and Future I. Introduction II. Institutional Structure and Democracy: The Past III. Institutional Structure and Democracy: The Present IV. Institutional Structure and Democracy: The Future – Four Constraints V. Institutional Structure and Democracy: The Paradox References 3. The EU Flexibility Clause is Dead, Long Live the EU Flexibility Clause I. Introduction II. The Flexibility Clause III. The Rise of the Flexibility Clause IV. The Fall of the Flexibility Clause V. The Future of the Flexibility Clause VI. Long Live the Flexibility Clause Appendix References 4. The Resilience of Rights and European Integration I. Introduction: The Possibility of the Status Quo II. The Spillover of Rights III. (Rights and) Obligations in EU Law IV. Conclusion: The Impossibility of the Status Quo References Part II: Rule of Law and Security 5. Discursive Constituent Power and European Integration I. Introduction II. Discursive Constituent Power III. The Discourses of Security and Fundamental Rights IV. Conclusions References 6. The National Security Challenge to EU Legal Integration I. Introduction II. Legal Integration and National Security III. National Security as an EU Constitutional Law Concept IV. National Security in Different Policy Areas V. Conclusions References 7. Immunity or Community? Security in the European Union I. Introduction II. Esposito's Community and Immunity III. The EU: From Community to Immunity? IV. Conclusion References Part III: Rule of Law in the Member States 8. The Rule of Law in Contemporary FinlandNot Just a Rhetorical Balloon I. Introduction II. Is an Attempt to Define Rule of Law Merely a Waste of Time? III. How Has the Rule of Law Been Defined by Some Finnish Scholars? IV. Problems in Finland in Relation to the Rule of Law V. Cconclusions References 9. Institutional Alcoholism in Post-socialist Countries and the Cultural Elements of the Rule of Law I. Introduction II. Informal Institutional Elements: Practices and Narratives III. The 2010/11 Hungarian Constitutional-Making From the Perspective of Institution-Building IV. What to do: A Manual for Institutional-Building in the Contemporary Hungarian Context References 10. 'A More United Union' and the Danish Conundrum I. Flying High II. The Overall Relationship with the EU III. The Union Citizenship Opt-out IV. The EMU Opt-out V. The Defence Policy Opt-Out VI. The AFSJ Opt-Out VII. The 'Second Home' Protocol VIII. Other Areas of Differentiation IX. Conclusions: Not Completely Wanting to Fly Along References Part IV: Epilogue 11. EU and Member StateConstitutionalism I. The Setting II. Constitutional Pluralism III. Relations of Complementarity IV. Two-Stage Legitimation V. Conclusion References Index "The European Union is at a crossroads. Slowly recovering from a series of financial and economic crises, with trust fundamentally shaken by processes of disaggregation and increasingly nationalist politics, it is searching for new visions that are at once inspiring and workable. In its White Paper of 1 March 2017, the Commission proposed five non-exclusive options for the Future of Europe. As put by the Commission, the five scenarios are illustrative in nature to provoke thinking. They are not detailed blueprints or policy prescriptions. Likewise, they deliberately make no mention of legal or institutional processes {u2013} the form will follow the function. This book takes the current state of the Union seriously. However, it aims to debate not only the political vision of Europe, but also the issue of legal integration beyond Brexit. Apart from addressing the institutional challenges for the EU, the contributions to this volume focus on two key areas: rule of law and security. Rule of law and security are not only paradigmatic for the future of Europe but are also closely connected to a particular vision of Europe based on {u2018}integration through law{u2019}; a vision that has been strongly contested in recent years. The overarching question is: how can sustainable political and legal integration be achieved in Europe? The volume builds on a conference organised by the Swedish Network for European Legal Studies in November 2017 and includes chapters by leading scholars in the field from the Nordic countries and wider Europe" The European Union is at a crossroads. Slowly recovering from a series of financial and economic crises, with trust fundamentally shaken by processes of disaggregation and increasingly nationalist politics, it is searching for new visions that are at once inspiring and workable. In its White Paper of 1 March 2017, the Commission proposed five non-exclusive options for the Future of Europe. As put by the Commission, the five scenarios are illustrative in nature to provoke thinking. They are not detailed blueprints or policy prescriptions. Likewise, they deliberately make no mention of legal or institutional processes - the form will follow the function. This book takes the current state of the Union seriously. However, it aims to debate not only the political vision of Europe, but also the issue of legal integration beyond Brexit. Apart from addressing the institutional challenges for the EU, the contributions to this volume focus on two key areas: rule of law and security. Rule of law and security are not only paradigmatic for the future of Europe but are also closely connected to a particular vision of Europe based on 'sintegration through law'; a vision that has been strongly contested in recent years. The overarching question is: how can sustainable political and legal integration be achieved in Europe? The volume builds on a conference organised by the Swedish Network for European Legal Studies in November 2017 and includes chapters by leading scholars in the field from the Nordic countries and wider Europe