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Sovereignty in the Shared Legal Order of the EU

Core Values of Regulation and Enforcement

Book | 1st edition 2015 | Europe | Ton van den Brink, Michiel Luchtman, Miroslava Scholten

How does EU membership affect national sovereignty? This question has acquired a central place in the public debate on the European Union. National sovereignty relates to the independence of nation states in international affairs and to their autonomy to organize domestic matters. The European Union has challenged both, or so it has been perceived. In any case, such a view on sovereignty narrows the focus down to the question of national policy discretion.

This edited volume offers a broader perspective on sovereignty relying on the international law concept. In addition to authority, this concept also includes citizenship and territory and assumes unity between these three elements. The focus is on the role of core values such as (representative) democracy, rule of law, justice, equality and economic stability in the process of shaping sovereignty in the shared legal order of the European Union. Moreover, not only the EU’s power to regulate, but also issues of enforcement are addressed.

Seven case-studies exploring 11 policy domains ranging from financial markets to social policy, and from administrative law to private law address two sub questions: how do core values define the relation between EU and national authority, citizenship and territory and how are conflicts between core values addressed within this shared legal order. Three cross-cutting studies on authority, citizenship, and territory identify common approaches and existing challenges.

All 23 contributors of this volume work at the Utrecht Centre for Shared Regulation and Enforcement in Europe (RENFORCE).

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9781780682198
Weight 565 g
Status Available
Number of pages xvi + 336 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Nov 26, 2015
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of Contents
  • Chapter 1. Sovereignty in a Shared Legal Order: On the Core Values of Regulation and Enforcement in the EU
    Michiel Luchtman, Ton van den Brink, Miroslava Scholten
  • Chapter 2. Core Values: Tensions and Balances in the EU Shared Legal Order
    Anna Gerbrandy, Miroslava Scholten
  • Chapter 3. Efficiency or Justice? Compensating for Power Imbalances under Eu Telecommunications, Air Transport and Gender Equality Law
    Anoeska Buijze, Ingrid Koning, Linda Senden
  • Chapter 4. Regulation and Enforcement of Economic Freedoms and Social Rights: A Thorny Distribution of Sovereignty
    Albertine Veldman, Sybe de Vries
  • Chapter 5. Shifts in Authority and their Relation with Underlying Core Values: Eu Competition Law and Financial Law Compared
    Bas van Bockel, Ton Duijkersloot
  • Chapter 6. Sovereignty, Stability and Solidarity: Conflicting and Converging Principles in Eu Economic Governance
    Ton van den Brink, Jan van Rossem
  • Chapter 7. The Development of Core Values and the Ambition of the Eu in the Field of Administrative Law and Contract Law: Will a General Eu Administrative and Contract Law Become a Reality?
    Sonja A. Kruisinga, Anoeska Buijze, Anne L.M. Keirse
  • Chapter 8. The Room for Social Policy Conditions in Public Procurement Law
    Frans Pennings, Elisabetta Manunza
  • Chapter 9. Freedom, Security and Justice for Whom? The Case Study of Bulgarian Street Prostitution in France
    Brenda C. Oude Breuil, Tony Marguery
  • Chapter 10. Towards an Ever Clearer Division of Authority Between the European Union and the Member States?
    Ton van den Brink
  • Chapter 11. The European Citizen as Bearer of Fundamental Rights in a Multi-Layered Legal Order
    Hanneke van Eijken, Jessy Emaus, Michiel Luchtman, Rob Widdershoven
  • Chapter 12. Core Values Beyond Territories and Borders: The Internal and External Dimension of Eu Regulation and Enforcement
    Cedric Ryngaert, John A.E. Vervaele
  • Chapter 13. Shaping Sovereignty in the Eu Legal Order: The Role of Core Values
    Ton van den Brink, Michiel Luchtman, Miroslava Scholten
  • Contributors