Philosophical Foundations of European Union Law

The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy.

This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.

Readership: Academics and postgraduate students working in EU law, political philosophy, and European politics.

Contents:
1: Julie Dickson and Pavlos Eleftheriadis: Introduction: The Puzzles of European Union Law

Part I: The Legal System
2: Julie Dickson: Towards a Theory of European Union Legal Systems
3: Keith Culver and Michael Giudice: Not a System but an Order: An Inter-Institutional View of European Union Law
4: George Letsas: Harmonic Law: The Case Against Pluralism
5: Anthony Arnull: Judicial Dialogue in the European Union

Part II: Political Foundations
6: Joseph Weiler: Deciphering the Political and Legal DNA of European Integration: An Exploratory Essay
7: Pavlos Eleftheriadis: Citizenship and Obligation
8: Wil Waluchow: Constitutionalism in the European Union: Pipedream or Possibility?
9: Mattias Kumm: Constitutionalism and the Moral Point of Constitutional Pluralism: Institutional Civil Disobedience and Conscientious Objection
10: Kalypso Nicolaidis: European Demoicracy and its Crisis
11: Ari Afilalo and Dennis Patterson: Statecraft and the Foundations of European Union Law

Part III: Constitutional Virtues
12: Takis Tridimas: Precedent and the Court of Justice: A Jurisprudence of Doubt?
13: Lorenzo Zucca: Monism and Fundamental Rights
14: Geert De Baere: European Integration and the Rule of Law in Foreign Policy
15: Andrea Sangiovanni: Solidarity in the European Union: Problems and Prospects
16: Sionaidh Douglas-Scott: The Problem of Justice in the European Union: Values, Pluralism, and Critical Legal Justice