EU Ordre Public
In a cogent, detailed analysis, the author ‘reconstructs’ the legal order of the European Union in a way that best gives meaning to the Treaties, the case law of the Court of Justice, and the various underlying principles of integration that have emerged over the decades. He focuses on instances, or touchstones, in relation to which EU law seems to be building and integrating an ordre public. Among these are the following:
- international trade law and arbitration;
- public international law;
- the ECHR and EctHR;
- public policy exceptions to the four freedoms;
- European citizenship;
- competition law;
- national and EU procedural law; and
- protection of social and labour standards.
In-depth inquiry into questions which seem subject to very specific limitations – such as when national or EU courts are under an obligation to raise issues of EU law of their own motion, or norms from which private parties may not deviate – captures the breadth of the EU ordre public, greatly clarifying the concept and the variety of ways it operates. Seeking to reconcile numerous strands and processes of EU law in a principled manner, the book reveals a significant potential for a deeper constitutional framework defining the EU ordre public and putting it into operation as a tool to help ensure unity in diversity. It will be welcomed and read closely by jurists, policymakers, and interested academics in Europe and wherever the matter of European integration is studied.
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Part I: Exploring Unity in Diversity.
Chapter 1. The Necessity of an EU Concept of ordre public.
Chapter 2. Developing a Supranational Concept of ordre public.
Chapter 3. Some Methodological Observations on Determining the Content and Limits of the EU Concept of ordre public.
Part II: The Use of ordre public and Related Concepts in the EU Legal Order .
Chapter 1. The Use of the ordre public in the Treaties.
Chapter 2 . The EU Action to Protect the ordre public.
Chapter 3. The EU and the International Public Order.
Chapter 4. Other Legal Phenomena Linked to the EU ordre public.
Part III: The Values Protected by the EU ordre public.
Chapter 1. Protection of the Political Order.
Chapter 2. Protection of the Economic Public Order.
Chapter 3. Protection of the Social Order.
Chapter 4. The Protection of the Cultural Order.
Part IV: The EU ordre public as Source of Conflict and Reconciliation between Legal Orders.
Chapter 1. EU ordre public and National Legal Orders.
Chapter 2. Balancing the Interests of the Union.
Chapter 3. Case Study: Same-sex Marriages.
Part V: Constitutional Implications of a More Coherent Concept of EU ordre public.
Chapter 1. Building the Model.
Chapter 2. A More Coherent Model of EU ordre public.
Chapter 3. Perspectives Flowing from the Model.