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A Union of Peoples Pavlos Eleftheriadis (Professor of Public Law and Fellow of Mansfield College, Professor of Public Law and Fellow of Mansfield College, University of Oxford)

A Union of Peoples By Pavlos Eleftheriadis (Professor of Public Law and Fellow of Mansfield College, Professor of Public Law and Fellow of Mansfield College, University of Oxford)

Summary

This book delves into the legal theory of the European Union, offering an internationalist theory of European Union law as part of the law of nations, where its central principles are not the principles of a single constitution, but the cosmopolitan principles of accountability, liberty, and fairness.

A Union of Peoples Summary

A Union of Peoples by Pavlos Eleftheriadis (Professor of Public Law and Fellow of Mansfield College, Professor of Public Law and Fellow of Mansfield College, University of Oxford)

Many political and legal philosophers compare the EU to a federal union and believe its basic laws should be subject to the standards of constitutional law, and thus find it lacking or incomplete. This book proposes a rival theory: that the substance of EU law is not constitutional, but international, and provides a close examination of the treaties and the precedents of the European courts to explore this concept further. Just like international law, EU law applies primarily to the relations between member states, who have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this 'internationalist' view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, freely organizing their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness. Presenting an 'internationalist' reading, this book proposes that the EU is a creation of the law of nations, and argues for a dualist account of its legal architecture, with EU law and domestic law allocated different institutional roles.

A Union of Peoples Reviews

Presenting an 'internationalist' reading, this book proposes that the EU is a creation of the law of nations and argues for a dualist account of its legal architecture, with EU law and domestic law allocated different institutional roles. * H. W. Micklitz, Journal of Consumer Policy *
A Union of Peoples is a truly innovative contribution to the complex debate on the European project, especially in the current troubled climate. Its ability to dismantle the prevailing positivist understanding of the interaction between legal orders and to stand out from the overwhelming and often repetitive literature on the philosophy of EU law should be praised. * Massimo Fichera, Faculty of Law, University of Helsinki *

About Pavlos Eleftheriadis (Professor of Public Law and Fellow of Mansfield College, Professor of Public Law and Fellow of Mansfield College, University of Oxford)

Pavlos Eleftheriadis is a professor of public law and a fellow of Mansfield College at the University of Oxford. He is also a practising barrister in London, specializing in public and EU law. He is the author of Legal Rights and the co-editor of Philosophical Foundations of European Union Law.

Table of Contents

1: The Jurisprudence of Integration 2: Borders and Legitimacy 3: Dualism 4: Incorporation 5: A Community of Principle 6: Accountability 7: Liberty 8: Fairness 9: An Unfair Union? 10: Democracy and Reform

Additional information

NPB9780198854173
9780198854173
019885417X
A Union of Peoples by Pavlos Eleftheriadis (Professor of Public Law and Fellow of Mansfield College, Professor of Public Law and Fellow of Mansfield College, University of Oxford)
New
Hardback
Oxford University Press
2020-04-23
304
N/A
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