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Framing the Subjects and Objects of Contemporary EU Law

Edited by Samo Bardutzky, Assistant Professor, Faculty of Law, University of Ljubljana, Slovenia and Elaine Fahey, Reader, City Law School, City, University of London, UK
This timely book invites the reader to explore the lexicon of ‘subjects’ and ‘objects’ of EU law as a platform from which several dilemmas and omissions of EU law can be researched. It includes a number of case studies from different fields of law that deploy this lexicon, structuring the contributions around three principal elements of EU law: its transformations, crises, and external-internal dynamics.
Extent: 352 pp
Hardback Price: $155.00 Web: $139.50
Publication Date: 2017
ISBN: 978 1 78643 573 6
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  • Law - Academic
  • European Law
  • Legal Philosophy
  • Legal Theory
This timely book invites the reader to explore the lexicon of ‘subjects’ and ‘objects’ of EU law as a platform from which several dilemmas and omissions of EU law can be researched. It includes a number of case studies from different fields of law that deploy this lexicon, structuring the contributions around three principal elements of EU law: its transformations, crises and external-internal dynamics.

The carefully structured case studies cover a wide range of areas in EU law, such as constitutional law, administrative law, external relations, trade and citizenship and present perspectives from a variety of EU Member States. The expert contributors explore how to discuss, analyze and frame core elements of a supranational legal order. This broad-ranging and collaborative research effort presents a fresh, critical perspective on contemporary EU law. The book offers a reflection on recent crises of the EU, such as Brexit, looking beyond the field of law to present solutions that apply theories of political economy, social theory and political theory.

This thought-provoking narrative of EU law will be of interest to scholars in this field as well as to those in public international law, international relations, sociology, governance and political science.
‘This brilliant work provides new tools for understanding the dynamics of the EU legal system. Leaving aside the conventional understanding of the subjects of the European legal order, Bardutzky and Fahey use the “subjects and objects” dichotomy as a framework to analyse the evolution of EU law. The result is a fresh and original insight into the transformative processes of EU law and the hidden legitimacy gaps of a legal system in need of social legitimacy. A timely contribution and an essential tool for anyone interested in understanding the evolution of EU law in a critical moment of the integration project.’
– Edoardo Chiti, University of La Tuscia, Italy

‘The editors of this book have brought together excellent contributions to understand the subjects and objects of contemporary EU law. This outstanding book covers a broad range of key issues. It offers readers original insights to explore the subjects and objects of EU law, including matters such as Brexit, the current crisis of the European integration and the role of third countries in EU law. This book provides exciting reading not only for lawyers but also for any person interested in EU matters.’
– Juan Santos Vara, University of Salamanca, Spain

‘This book is based on a wise chemistry between well-known and emerging scholars and offers quite a unique combination of voices on a very complex issue. It is definitely mandatory reading for constitutional and EU law scholars interested in the subject.’
– Giuseppe Martinico, Sant'Anna School of Advanced Studies, Italy

Contributors: S. Bardutzky, E. Christodoulidis, J. Corkin, A. Delgado Casteleiro, S. Douglas-Scott, M. Everson, E. Fahey, F. Jacobs, E. Korkea-aho, D. Kostakopoulou, D. Kukovec, S. Poli, S. Rodin, M. Ruffert, A. Tataryn, A. Tryfonidou, J. van Zeben, S. Velluti, I. Vianello







Contents:

Foreword
Sir Francis Jacobs QC (King’s College London)

1. The Subjects and Objects of EU Law: Exploring a Research Platform
Samo Bardutzky and Elaine Fahey

Part I: Reframing subjects and objects of EU law: normative motivations and theoretical underpinnings
2. The Subject and Object in the Interpretation of EU Law
Siniša Rodin

3. Subject-Object Dialectics and Social Change
Damjan Kukovec

4. Subjects and Technologies of European Governance: Reflections on suspect crossings
Emilios Christodoulidis

5. Who, then, in [European] law, is my neighbour? Limiting the argument from external effects
Joseph Corkin

Part II: Transformations: from subjects to objects, from objects to subjects
6. Subjects and Objects of EU Human Rights Law
Sionaidh Douglas-Scott

7. Local Governments as Subjects and Objects of EU Law: Legitimate Limits?
Josephine van Zeben

8. Citizenship-for-Sale schemes and EU law: Can third-country nationals buy their way into becoming subjects of EU law?
Alina Tryfonidou

9. The turning of non-state entities from objects to subjects of EU restrictive measures
Sara Poli

Part III: The external-internal nexus of EU Law and its subjects and objects
10. The EU as an international person between functionalism and constitutionalism
Andrés Delgado Casteleiro

11. Evolution of the role of third countries in EU law - towards full legal subjectivity?
Emilia Korkea-aho

12. From objects to subjects: paving the way for third countries and their natural and legal persons
Ilaria Vianello

13. Beyond rhetoric? Social conditionality in the EU’s external trade relations
Samantha Velluti

Part IV: Subjects and objects in Europe’s crises
14. European integration in a crisis scenario: Easy steps to revitalise the EU as a subject and to avoid disintegration?
Matthias Ruffert

15. Homo objectus, homo subjectus and Brexit
Dora Kostakoupoulou and Anastasia Tataryn

16. Who do we think we are? Citizenship post-Brexit
Michelle Everson

Conclusions
Elaine Fahey and Samo Bardutzky

Index