The Case Bundesverfassungsgericht versus EU Court of Justice; Can the EU function as a democracy without forming a State?

Jaap Hoeksma

ISBN: 9789462406070 (softcover/paperback)

The Case BVerfG v EUCoJ portrays the clash between the German Constitutional Court and the Court of Justice of the European Union as a collision between two competing visions or Weltanschauungen. While the views of the BVerfG are firmly rooted in the traditional approach, known as the Westphalian system of International Relations, the EU Court of Justice takes the emerging European model of Transnational Governance as its point of departure. The stakes could hardly be higher. The debate between the two Courts focuses on the question whether or not the EU can function as a democracy without forming a state.
In addressing this pivotal question the author introduces the theory of democratic integration as a contemporary political philosophy for the EU. The novelty of the new theory is that it substitutes the civic perspective of democracy and the rule of law in the study of the EU for the diplomatic paradigm of states. The theory of democratic integration holds that, if two or more democratic states agree to share sovereignty in a number of fields with a view to attain common goals, their organization should be democratic too.
The author suggests that the 2007 Lisbon Treaty construes the EU as a dual democracy, in which both the member states and the Union have to comply with stringent demands of democracy and the rule of law. He argues that, although the competences of the European Parliament are far from complete, the EU is gradually outgrowing its notorious democratic deficit and is slowly but steadily on its way to become a democratic Union of democratic States.
This booklet bears all the hallmarks of its genesis. The author started his journey after the corona lockdown had confined him to his study. When he had almost completed the first draft of his text, the BundesVerfassungsGericht gave its verdict on the ECB, thereby offering the author the chance to re-write his discourse in terms of a tectonic collision between two schools of thought. May it serve to overcome the philosophical deficit of the EU too by providing the Union with an own and distinct theory for its functioning as a European democracy.

FROM COAL AND STEEL TO CONSUMER PROTECTION
Beyond Cross-Border Situations

Giulia Scartoni (ed.)

This series aims to provide the readers an overview of the consumers’ protection in EU law trough the most relevant situations where the weaker parties normally are involved. Trough the analysis of the sources of law, together with reports of land mark case law from the European Court of Justice as well, consumers will find a straightforward guide to learn about their rights in certain day-to-day situations, while the legal professionals in general can easily find a list of consumer laws and case law.
Consumer law is indeed one of the biggest and most actual area of law that keeps growing up quickly because of the fast implementation of the services that are provided on the global market. The demand of new services has indeed become bigger day by day. This requires new providers as well and so new law to protect the consumers from abuses in an area where they are the weaker party. That is also why European Union has established a  consumer policy programme for an always better consumer protection.
The impact of EU Law on national systems of law is huge. Many national laws are indeed the application of EU secondary law, i.e. directives and regulations. At the same time, it is also important to always keep an eye on the European Court of Justice case law (ECJ). This series consists of multiple volumes. The first one is general and concerns the European law system and its legal basis, related to a general historical overview of consumer protection and the actual consumer policy.

Giulia Scartoni is an italian certified lawyer from Pistoia, Tuscany. She was born in 1989 and she is part of the Pistoia Bar Association. She currently works as attorney at law and legal counsel, mostly in the areas of civil, private, commercial, corporate, labour and consumer law.

The division of property between unmarried cohabitees – a Nordic perspective on living together

Rasmus Engelsted Jonasen (ed.)

ISBN: 9789462405691

This quadruple report provides comprehensive insight into the legal situation of unmarried cohabitees in Denmark, Finland, Norway and Sweden. Cohabitees are unmarried couples living together similarly to spouses, but mostly without the same legal security and certainty, as their situation is only in two of four countries regulated in statutory law. Contrary to the intense cooperation that took place between Denmark, Norway and Sweden in the early 1910s preparing new marriage laws, there has been no cooperation at all regarding the legal status of unmarried cohabitees. That makes it an interesting area for comparative research especially.

This report is a research project of the European Law Students Association.

Renewable Energy Report

ELSA Research Project

ISBN: 9789462405752

The International Legal Research Group on Renewable Energy is the result of the hard work of many individuals all over the European continent, from law students to our academic supporters from every corner of our part of the earth.

The main aim of the paper was to analyse the renewable energy policies and legislative framework set up by EU Member States and non-EU countries, and ascertain what measures are being taken on the national (and international level). This also allowed for researchers to broaden their knowledge in this vast field of law, as well as hone their legal writing skills; both will prove to be invaluable assets throughout their career.

Research coordinated by: Eva te Dorsthorst, Jake Camilleri, Blanka Hován, Elna Larsson, Olegs Sedjakins, Artem Barabash, Fani Dimoska, Frederik Vahlgren

Publication coordinated by: Sarah Ikast Kristoffersen

Countries involved: Albania, Azerbaijan, Cyprus, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, the Netherlands, North Macedonia, Norway, Portugal, Romania, Russia, Serbia, Slovenia, Spain, Sweden, Turkey, Ukraine, United Kingdom

The report can be downloaded at the ELSA-website