The Eurosceptic Challenge: National Implementation and Interpretation of EU Law

Description

In recent years, Eurosceptic and nationalist forces have been gaining ground in the European Union. Their rhetoric has changed the political discourse, shaking the ideal of an ever closer union to its core. However, the specific legal changes brought about by this political turn have often remained obscure. How does Euroscepticism manifest itself in the law and policies of the EU Member States? This book seeks to understand to what extent Eurosceptic attitudes translate into legislative, administrative and judicial practices that challenge EU law and governance in the Member States. It reveals the many facets of national resistance that the EU is currently facing, ranging from open defiance to ignorance of EU law. It includes perspectives from the entire Union: from old and new, western and eastern, troublesome and (ostensibly) compliant Member States. Bringing together experts from law and political science, this timely book offers unique insights into the reception – and sometimes rejection – of EU law in the Member States. It is essential reading for anyone interested in the current challenges and the future of the European Union. Volume 4 in the series EU Law in the Member States Table of Contents List of Contributors Prologue: (EU Law) Scholarshipin (Times of) Crisis? I. The Value of Comparative EU Law II. A Permanent Crisis? III. Scholarship and Crisis Introduction Part I: National Euroscepticism and the EU Institutions 1. EU Policies in Times of Populist Radical Right Euroscepticism: Which Future? I. Introduction: The Eurosceptic Challenge and EU Policies II. Methodology III. (In-)Coherence in Cluster 1: Core State Powers IV. (In-)Coherence in Cluster 2: 'New Politics' V. (In-)Coherence in Cluster 3: Socio-economic Policies VI. Conclusions: An Ever-Closer Populist Radical Right? 2. Does Euroscepticism Influence Compliance and Enforcement of EU Law in the Member States? I. Introduction II. Euroscepticism and Compliance: Theoretical Considerations III. Euroscepticism and Compliance: The Empirical Evidence IV. Conclusion Part II: Eurosceptic Governmentsand Their Policies 3. The New Italian Government between Break and Continuity: Political Discourse and Constitutional Practices I. Italy and the European Union II. The Changing Landscape of Italian Politics and the 2018 Election III. The Eurosceptic Platforms of The League and the Five Stars Movement and the Constitutional Safeguards Tempering Them IV. The Approach of the Conte Government to the EU V. The 'Government in Parliament': Europe and the Confidence Motion VI. The "Government in Parliament" Before the Meetings of the European Council VII. The Tormented Approval of the 2019 Budget VIII. Concluding Remarks 4. Poland's Defiance Against the CJEU in the Puszcza Białowieska Case (C-441/17) I. Introduction II. The Biaowiea Case and the Boundaries of Legal Discourse III. Beyond the Biaowiea Case: The Populist (Un)Reason in Law IV. Conclusions 5. Hungarian Economic Patriotism and Internal Market Law: Questioning Fundamental Freedoms and Disregarding Fundamental Rights I. Introduction: The Hungarian Image Before the Crisis II. The Crisis and More Proactive National Economic Policy Making III. National Economic Patriotism IV. Scrutinising Compliance V. Patriotism and Monopolising Services Markets in Hungary VI. Patriotism and Changing Market Conditions by Tax Law VII. Patriotism and Targeting Big Commercial Retail Chains VIII. Patriotism and Agricultural Land IX. Conclusions Part III: Case Studies on Migration and Free Movement of People 6. Schengen, Migration – and the Resurrection of the Westphalian Nation-State? I. Introduction II. Legal and Political Status of Open Internal Borders III. Legal Requirements for Reintroducing Internal Border Control IV. The Migration Crisis and Member States" Reactions V. A Serious Threat to Public Policy or Internal Security? VI. Proportionality of Internal Border Control VII. Conclusions 7. 'Euroreluctance' at the Heart of Europe? Challenges to the Free Movement of People in Luxembourg I. Introduction II. Luxembourg and the EU Right to Free Movement of Persons III. Three Protagonists, Three Luxembourgish Challenges to the Fundamental Freedom of Movement IV. Conclusions: Variable but Persisting Euroreluctance Part IV: Resistance Within and Against the Preliminary Reference Procedure 8. Who is the National Judge? A Typology of Judicial Attitudes and Behaviours Regarding Preliminary References I. The National Judge: Man or Myth? II. The Preliminary Reference Procedure: A Success Story? III. The State of the Art IV. Three National Judges V. The (Non-)Referring Judge: Angel or Demon? 9. Attitude or Aptitude? Explaining the Lack of Preliminary References in Dutch Competition Law Cases I. Introduction II. EU Competition Law before Dutch Courts III. The Lack of Dutch Competition Law References IV. Methodology V. The Motives (not) to Refer VI. Conclusions 10. Reluctance to Participate in the Preliminary Ruling Procedure as a Challenge to EU Law: A Case Study on Slovenia and Croatia I. Introduction II. Discussions on Judicial Behaviour and Theoretical Framework III. Data and Methodology IV. Results V. Conclusions Annex 11. Game of Courts: The Effects of Constitutional Judicial Conflicts on Polish Judges' Co-operation with the CJEU I. Introduction II. The Politics of the Constitutional Judiciary and the Risk of Escalation of Constitutional Judicial Conflicts on EU Law in Poland III. The Judicial Signalling Game of Courts: Explaining Judges" Reactions to Constitutional Judicial Conflicts IV. Methodology: Use of Vignettes, Convenience Sampling and the Problem of Data Collection in Authoritarian Contexts V. What Would Happen if the Polish Constitutional Court Limited the Application of EU Law? A Counterfactual Analysis VI. Conclusions Part V: Conclusions 12. National Resistance Against EU Law and Governance: Degrees and Manifestations I. Introduction II. Classifying Euroscepticism III. Spectrum of Resistances against EU Law and Governance IV. Remedies and the Role of National Judges as Guarantors of Compliance V. Concluding Remarks Index