Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Book Review: Europarecht: Strukturen, Dimensionen undWandlungen des Rechts der Europäischen Union - Ausgewählte Beiträge (European Union Law: Structures, Dimensions and Transformations of the Law of the European Union - Selected Papers , by Jürgen Schwarze. (Baden-Baden: Nomos, 2012)

Book Review: Europarecht: Strukturen, Dimensionen undWandlungen des Rechts der Europäischen Union... BOOK REVIEWS Jürgen Schwarze, Europarecht: Strukturen, Dimensionen und Wandlungen des Rechts der Europäischen Union - Ausgewählte Beiträge (European Union Law: Structures, Dimensions and Transformations of the Law of the European Union - Selected Papers (Baden-Baden: Nomos, 2012) ISBN 9783832974763, 1151 pp., Euro 128 (hb). This lengthy volume contains a selection of works the author has submitted for publication over the last twenty years or so and the volume dedicates itself to `European Union Law' meaning the law of the European Union. In doing so, it covers fundamental as well as economic law-orientated questions regarding European integration. In the author's view the variety of these papers draws a certain overall picture of the core problems the law of the European Union faces after sixty years of existence as well as in these difficult and turbulent times. Thus, the author took the opportunity to publish these selected papers once again, now arranged thematically and systematically in a single volume. The subject groupings within this lengthy volume cover `The concept of European Union Law: Classification and (structural) Features'; `Constitutional Law in Europe: the Relationship between National Constitutional law and European law'; `Division of Competences and Institutional Structure/Order'; `The protection of Fundamental rights in the EU'; `Constitutional Reform of the EU'; `Prerequisites for and Perspectives on a European Constitution'; `The Treaty on a Constitution for the EU'; `The Reform Treaty of Lisbon'; `National Administrative Law and Judicial Review from a Comparative and European Perspective'; `Creation and Development of EU Administrative Law'; `Legal Protection of Individual Rights in the EU'; `The Media and Protection of Intellectual Property from a European Perspective'; `European Economic and Competition Law' including `The Economic Constitution and Fundamental Issues/Questions',`Competition/Anti-trust Law',`State Aid',`Merger Control', and finally `Public Procurement'.These headings, themselves divided into chapters, give a clear indication of the range and extent of the author's interests and immense contribution not only in EU law but in comparative public law and European administrative law. Schwarze has shown himself to be the unquestionable leader in these fields. In this spirit, the volume not only contains essays but also recapitulatory considerations which the author has contributed to comprehensive study projects. `Book Reviews'. European Public Law 19, no. 4 (2013): 791­802. © 2013 Kluwer Law International BV, The Netherlands EUROPEAN PUBLIC LAW Most of them were published during the last two decades, although the selection is particularly focused on recent statements so as to provide for topicality and a feel for the present and what is to come. The structural content of the volume ranges from the characteristics of European Union law and embedment of that law into the national constitutional frameworks to problems of the European economic constitution and fundamental questions of European economic and competition law. Furthermore, constitutive structural elements like the allocation of competences and the institutional order are taken into consideration as well as basic postulates of the rule of law such as the protection of fundamental rights and the guarantee of effective legal remedies within the EU. Finally, general legal developments such as the European dimension of constitutional law, the emergence of a European constitutional order and the evolution of a European administrative law are scrutinized.The vista is immense and the insight prodigious. With regard to the three main aspects ­ structural attributes, dimensions, and transformative capability ­ the volume takes up the essential evolutionary steps which European Union law has developed. In addition to thematic criteria, the selection of the different papers also follows a personal and subjective position. Thereby the papers might reflect some transformations of the author's own opinions notwithstanding that their repeated reading revealed that the author abides by his basic convictions in general ­ even though this does not have to be seen as a notable merit. On the whole this volume conveys the author's conviction of being a committed European ­ a fundamental belief which is ­ especially by considering the initial position of the author's own (home-) country ­ practically without political replacement. Of course, this does not mean that `Europe' is always right. The exercise of the competences transferred to Europe rather requires a good sense of proportion as well as respect for and adherence to subsidiarity. Only the person who knows about the considerable problems of the development of European Union law and of its practical application can form an appropriate opinion about the prospects and future difficulties of European integration. This mighty volume `European Union law' will doubtless contribute inimitably and powerfully to a condign and balanced consideration of European Union law in the public debate that now rages around Europe. It is to be hoped that non-German speakers can look forward to a translation into English and French of this exemplary volume. The book deserves the widest legal audience that is possible. It is a great testament to a truly great legal scholar. Patrick Birkinshaw The University of Hull http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

Book Review: Europarecht: Strukturen, Dimensionen undWandlungen des Rechts der Europäischen Union - Ausgewählte Beiträge (European Union Law: Structures, Dimensions and Transformations of the Law of the European Union - Selected Papers , by Jürgen Schwarze. (Baden-Baden: Nomos, 2012)

European Public Law , Volume 19 (4) – Dec 1, 2013

Loading next page...
 
/lp/kluwer-law-international/book-review-europarecht-strukturen-dimensionen-undwandlungen-des-0ZqRqVp3XU
Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
1354-3725
Publisher site
See Article on Publisher Site

Abstract

BOOK REVIEWS Jürgen Schwarze, Europarecht: Strukturen, Dimensionen und Wandlungen des Rechts der Europäischen Union - Ausgewählte Beiträge (European Union Law: Structures, Dimensions and Transformations of the Law of the European Union - Selected Papers (Baden-Baden: Nomos, 2012) ISBN 9783832974763, 1151 pp., Euro 128 (hb). This lengthy volume contains a selection of works the author has submitted for publication over the last twenty years or so and the volume dedicates itself to `European Union Law' meaning the law of the European Union. In doing so, it covers fundamental as well as economic law-orientated questions regarding European integration. In the author's view the variety of these papers draws a certain overall picture of the core problems the law of the European Union faces after sixty years of existence as well as in these difficult and turbulent times. Thus, the author took the opportunity to publish these selected papers once again, now arranged thematically and systematically in a single volume. The subject groupings within this lengthy volume cover `The concept of European Union Law: Classification and (structural) Features'; `Constitutional Law in Europe: the Relationship between National Constitutional law and European law'; `Division of Competences and Institutional Structure/Order'; `The protection of Fundamental rights in the EU'; `Constitutional Reform of the EU'; `Prerequisites for and Perspectives on a European Constitution'; `The Treaty on a Constitution for the EU'; `The Reform Treaty of Lisbon'; `National Administrative Law and Judicial Review from a Comparative and European Perspective'; `Creation and Development of EU Administrative Law'; `Legal Protection of Individual Rights in the EU'; `The Media and Protection of Intellectual Property from a European Perspective'; `European Economic and Competition Law' including `The Economic Constitution and Fundamental Issues/Questions',`Competition/Anti-trust Law',`State Aid',`Merger Control', and finally `Public Procurement'.These headings, themselves divided into chapters, give a clear indication of the range and extent of the author's interests and immense contribution not only in EU law but in comparative public law and European administrative law. Schwarze has shown himself to be the unquestionable leader in these fields. In this spirit, the volume not only contains essays but also recapitulatory considerations which the author has contributed to comprehensive study projects. `Book Reviews'. European Public Law 19, no. 4 (2013): 791­802. © 2013 Kluwer Law International BV, The Netherlands EUROPEAN PUBLIC LAW Most of them were published during the last two decades, although the selection is particularly focused on recent statements so as to provide for topicality and a feel for the present and what is to come. The structural content of the volume ranges from the characteristics of European Union law and embedment of that law into the national constitutional frameworks to problems of the European economic constitution and fundamental questions of European economic and competition law. Furthermore, constitutive structural elements like the allocation of competences and the institutional order are taken into consideration as well as basic postulates of the rule of law such as the protection of fundamental rights and the guarantee of effective legal remedies within the EU. Finally, general legal developments such as the European dimension of constitutional law, the emergence of a European constitutional order and the evolution of a European administrative law are scrutinized.The vista is immense and the insight prodigious. With regard to the three main aspects ­ structural attributes, dimensions, and transformative capability ­ the volume takes up the essential evolutionary steps which European Union law has developed. In addition to thematic criteria, the selection of the different papers also follows a personal and subjective position. Thereby the papers might reflect some transformations of the author's own opinions notwithstanding that their repeated reading revealed that the author abides by his basic convictions in general ­ even though this does not have to be seen as a notable merit. On the whole this volume conveys the author's conviction of being a committed European ­ a fundamental belief which is ­ especially by considering the initial position of the author's own (home-) country ­ practically without political replacement. Of course, this does not mean that `Europe' is always right. The exercise of the competences transferred to Europe rather requires a good sense of proportion as well as respect for and adherence to subsidiarity. Only the person who knows about the considerable problems of the development of European Union law and of its practical application can form an appropriate opinion about the prospects and future difficulties of European integration. This mighty volume `European Union law' will doubtless contribute inimitably and powerfully to a condign and balanced consideration of European Union law in the public debate that now rages around Europe. It is to be hoped that non-German speakers can look forward to a translation into English and French of this exemplary volume. The book deserves the widest legal audience that is possible. It is a great testament to a truly great legal scholar. Patrick Birkinshaw The University of Hull

Journal

European Public LawKluwer Law International

Published: Dec 1, 2013

There are no references for this article.