Europe's Second Constitution: Crisis, Courts and Community

This book explores the misunderstanding of constitutional federalism in Europe and how it can lead to impoverished development of the EU's Second Constitution. It suggests that federalism and further constitutionalization, rightly understood in a dialogue of the European courts, can change the process and allow a clearer advance toward Europe's Second Constitution with the people of Europe.

Format: Hardback
Length: 350 pages
Publication date: 24 September 2020
Publisher: Cambridge University Press

The process of European constitutionalization faces widespread skepticism in the national legal and political arenas, as well as in broader public opinion across Europe. This book aims to address these concerns and reveal a widespread misunderstanding of constitutional federalism that permeates the Member State courts, popular media, and academic communities. Failure to address this confusion is leading to an impoverished development of the EU's Second Constitution and undermining the role of both domestic and international European courts in enriching the constitutionalization process.

To avoid these consequences, this book explores how federalism and further constitutionalization, rightly understood in a dialogue between the European courts, can change this process and facilitate a clearer advance toward Europe's Second Constitution. This book argues that federalism and constitutionalization can be mutually reinforcing, allowing for a more inclusive and democratic process of shaping the EU's future.

The book begins by examining the historical and theoretical foundations of federalism and constitutionalization. It explores how federalism can provide a framework for accommodating diverse national identities and interests within a unified European Union. It also examines how constitutionalization can ensure that the EU's institutions are accountable, transparent, and responsive to the needs of its citizens.

The book then examines the challenges and opportunities that arise from the process of European constitutionalization. It explores how federalism can help to address the concerns of member states that fear losing their sovereignty or cultural identity in the EU. It also examines how constitutionalization can promote greater democratic participation and engagement among European citizens.

The book concludes by suggesting how federalism and constitutionalization can be further developed in the context of the EU's ongoing constitutional reform process. It advocates for a more inclusive and participatory approach to constitutionalization that involves the active engagement of citizens, civil society organizations, and the European courts. It also suggests that federalism and constitutionalization can be used to promote greater coherence and consistency in the EU's legal and policy framework.

In conclusion, this book offers a valuable contribution to the ongoing debate about the future of the EU and its constitutionalization process. It sheds light on the widespread misunderstanding of constitutional federalism and provides a framework for understanding how federalism and constitutionalization can be used to promote a more inclusive, democratic, and coherent EU.

Weight: 772g
Dimension: 159 x 236 x 31 (mm)
ISBN-13: 9781108487962