Convergence and Divergence in European Public Law

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Title Page

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Preface

Contents

List of Contributors

Part One: The Territorial Dimension

1. Europe's Changing Political Landscape: Territorial Restructuring and New Forms of Government

THE STRANGE PERSISTENCE OF SPACE AND TIME

FUNCTIONAL CHANGE

POLITICAL CHANGE

INSTITUTIONAL CHANGE

UNDERSTANDING CHANGE

THE CONSEQUENCES

CONCLUSION

2. Member States and Regions in Community Law: Convergence and Divergence

INTRODUCTION

"STATISM" AND COMMUNITY LAW

COMMUNITY LAW ACCOMMODATING REGIONALISM. STRUCTURAL FUNDING AND PARTNERSHIP

THE EU AND WTO AND TERRITORIAL POLITICS IN THE MEMBER STATES

CONCLUSION

Part Two: The Constitutional Dimension

3. The Closest Thing to a Constitutional Conversation in Europe: The Semi-Permanent Treaty Revision Process

INTRODUCTION: JUDICIAL AND POLITICAL CONVERSATIONS ON THE EUROPEAN CONSTITUTION

THE TREATY REVISION PROCESS AS THE MAIN CONSTITUTIONAL CONVERSATION IN THE EUROPEAN UNION

4. The Constitutional Structure of the European Union: Some Reflections on Vertical Unity-in-Diversity

INTRODUCTION. THE STRUCTURAL PRINCIPLES AND INSTITUTIONAL VERTICAL UNITY

THE PRINCIPLE OF LOYALTY IN UNION LAW: AN EVOLVING "LEGAL PRACTICE"

SOME CONCLUDING REMARKS

5. Perspectives on Convergence Within the Theatre of European Integration

INTRODUCTION

ARGUMENTS AGAINST CONVERGENCE

CONVERGENCE BEFORE THE COURTS

CONCLUSION

Part Three: The Administrative Law Dimension

6. Convergence and Divergence in Administrative Law

INTRODUCTION

STRATEGIES OF CONVERGENCE

THE SPECIAL FUNCTION OF NATIONAL ADMINISTRATIVE LAW

CONCLUSION. 7. Towards Homogeneity in the Field of Legal Remedies: Convergence and Divergence

INTRODUCTION

TWO BASIC TRENDS IN THE CASE LAW OF THE COURT OF JUSTICE

THE "REWE-DOCTRINE": CHARACTERISTICS AND APPRAISAL

STATE LIABILITY AND INTERIM MEASURES:TRENDS TOWARDS COMMUNAUTARISATION

LEGISLATIVE HARMONISATION: A PATCHWORK-APPROACH?

CONCLUDING REMARKS

Part Four: The Human Rights Dimension

8. Convergence and Divergence in European Public Law:The Case of Human Rights

INTRODUCTION

CONSTITUTIONAL CONSTRAINTS: THE "LEGAL COMPETENCE" QUESTION. "INTERNAL" VERSUS "EXTERNAL" HUMAN RIGHTS POLICY

THE CASE FOR AN EU HUMAN RIGHTS POLICY

9. Human Rights: Some Recent Developments and Their Impact on Convergence and Divergence of Law in Europe

INTRODUCTION

LEGISLATIVE COMPETENCE OF THE EUROPEAN COMMUNITY

JUDICIAL COMPETENCE OF THE EUROPEAN COURT OF JUSTICE

JUDICIAL COMPETENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS OVER EUROPEAN UNION LAW

CONCLUSION

Part Five: The Public/Private Dimension

11. Voices of Difference in a Plural Community

INTRODUCTION

LAW, DEMOCRACY AND CULTURE

EC LEGAL CULTURE