This book emerged from an extended seminar series held in Edinburgh Law School which sought to explore the complex constitutional arrangements of the European legal space as an inter-connected mosaic. There has been much recent debate concerning the constitutional future of Europe, focusing almost exclusively upon the EU in the context of the (failed) Constitutional Treaty of 2003-5 and the subsequent Treatyof Lisbon. The premise of the book is that this focus, while indispensable, offers only a partial vision of the complex constitutional terrain of contemporary Europe. In addition, it is essential to explore other threads of normative authority within and across states, embracing internal challenges to state-level constitutional regimes; the growing jurisprudential assertiveness of the Council of Europe regime through the ECHR and various democracy-building measures; as well as Europe's ever thicker relations, both with its border regions and with broader international institutions, especially those of the United Nations. Together these developments create increasingly dense networks of constitutional authority within the European space. This fluid and multi-dimensional dynamic is difficult to classify, and indeed may seem in many ways impenetrable, but that makes the explanatory challenge all the more important and pressing. Without this fuller picture it becomes impossible to understand the legal context of Europe today or the prospects of ongoing changes. The book brings together a range of experts in law, legal theory and political science from across Europe in order to address these complex issues and to supply illustrative case-studies in the topical areas of the constitutionalisation of European labour law and European criminal law.
Neil Walker is Regius Professor of Public Law and the Law of Nature and Nations, Jo Shaw is Salvesen Chair of European Institutions and Stephen Tierney is Professor of Constitutional Theory. They are all based at the School of Law at the University of Edinburgh.
1 Introduction A Constitutional Mosaic? Exploring the New Frontiers of Europe's Constitutionalism Neil Walker and Stephen Tierney PART ONE: THE EUROPEAN UNION 2 The European Union's Constitutional Mosaic: Big 'C' or Small 'c', Is that the Question? Cormac Mac Amhlaigh 3 An Area of Darkness: Three Conceptions of the Relationship Between European Union Law and State Constitutional Law Julio Baquero Cruz PART TWO: THE EUROPEAN CONVENTION ON HUMAN RIGHTS 4 Burying, Not Praising the European Convention on Human Rights: A Provocation Andrew Williams 5 Europe's Constitutional Mosaic: Human Rights in the European Legal Space - Utopia, Dystopia, Monotopia or Polytopia? Sionaidh Douglas-Scott PART THREE: THE WIDER EUROPE 6 The Constitutional Mosaic Across the Boundaries of the European Union: Citizenship Regimes in the New States of South Eastern Europe Jo Shaw 7 The Council of Europe as a Norm Entrepreneur: The Political Strengths of a Weak International Institution Gwendolyn Sasse PART FOUR: EUROPE BELOW THE STATE 8 Recognition as Domination: Constitutionalism, Reciprocity and the Problem of Singularity Hans Lindahl 9 Liberal Democracy's Timber is Still Too Straight: The Case of Political Models for Coexistence in Composite States Ferran Requejo PART FIVE: EUROPE AND THE WORLD 10 The Constitutionalisation of International Organisations Anne Peters 11 The European Union in the Global Constitutional Mosaic Jan Klabbers PART SIX: OTHER CASE STUDIES 12 European Criminal Law Under the Developing Constitutional Setting of the European Union Kimmo Nuotio 13 The Constitutional Function of Labour Law in the European Union Ruth Dukes