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The Autonomy of Community Law : European Monographs - Rene Barents

The Autonomy of Community Law

European Monographs

Hardcover Published: 24th December 2003
ISBN: 9789041122513
Number Of Pages: 334

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Does European Community law represent a new kind of transnational constitutional law? The question is important in the long term because it relates to the future of Europe. More immediately, it concerns the manner in which Community law is interpreted by courts. According to the case law of several national courts, Community law is a special form of international law, ultimately controlled by the Member States. According to the case law of the European Court of Justice, however, it is a form of constitutional law which cannot be controlled by national courts.

In the European Courts case law the special nature of Community is described in terms of autonomy. In this ground-breaking book, a major scholar of European law rigorously demonstrates that this concept arises organically from the origin, system and content of the European treaties; it is in fact an interpretation of Community law according to its own system, independent of national law. On this basis the book clearly explains what the special nature of Community law amounts to and the theoretical and practical consequences that follow from this interpretation. Professor Barents shows why Community law can be seen as a clear example of a new phenomenon: the emergence of non-national or global law, reflecting the reality that in the process of globalisation the nation-state begins to lose its control over the law applicable in its territory.

In this stimulating context, many of the difficult issues that often arise in discussions of Community law are treated in depth, including the following:

  • the relationship between national law and international law in general and the relationship between Community law and national law in particular (primacy, direct effect);
  • the process of constitutionalisation of Community law;
  • the battle between national constitutional courts and the European Court of Justice;
  • the significance of Community law for the law of the European Union;
  • the penetration of Community law into the national legal orders;
  • the role of national courts in the application of Community law;
  • the ultimate source of the powers of the Community;
  • the extension of Community law to the fields of penal law and police cooperation;
  • the significance of the internal market for Community law;
  • the principle of uniform application and interpretation of Community law; and,
  • Community law as a forerunner of global law.

    All relevant UK, German, French, Dutch, Spanish, Italian and US literature has been taken into account, as well as the case law of various national constitutional courts. On each issue and topic extensive bibliographies are contained in the footnotes.

    As the current intergovernmental conference deliberates on a constitution for the European Union, this new and seminal work by Professor Barents is of great significance. It is sure to be avidly consulted by academics and practitioners in Community law, the law of international organisations, international relations, and national constitutional law.

    The first edition of this book appeared in Dutch in 2000. For this first English edition, the text has been extensively revised to take new developments into account.

  • Foreword
    In Search of the Special Nature of Community Lawp. 1
    Community Law as Supranational Lawp. 23
    Community Law and Sovereigntyp. 59
    Community Law and the Constitutional Statep. 109
    Community Law as a New Legal Orderp. 167
    The Unity of Community Lawp. 193
    The Community as Common Public Authorityp. 217
    The Autonomy of Community Lawp. 239
    The Constitutional Character of Community Lawp. 275
    The Denationalisation of National Lawp. 299
    The European Union and the Community Legal Orderp. 319
    Indexp. 331
    Table of Contents provided by Blackwell. All Rights Reserved.

    ISBN: 9789041122513
    ISBN-10: 9041122516
    Series: European Monographs
    Audience: Professional
    Format: Hardcover
    Language: English
    Number Of Pages: 334
    Published: 24th December 2003
    Country of Publication: NL
    Dimensions (cm): 24.51 x 16.46  x 2.44
    Weight (kg): 0.74