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Republican Europe

Modern Studies in European Law

By (author) Anna Kocharov
Format: Hardback
Publisher: Bloomsbury Publishing PLC, Oxford, United Kingdom
Imprint: Hart Publishing
Published: 1st Jun 2017
Dimensions: w 156mm h 234mm d 14mm
Weight: 503g
ISBN-10: 1509910743
ISBN-13: 9781509910748
Barcode No: 9781509910748
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Synopsis
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.

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By providing a thorough and sharp analysis of the roots of the EU constitutional design, this book elucidates Europe's 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 *