In recent years, Eurosceptic and nationalist forces have been gaining ground in the European Union. Their rhetoric has changed the political discourse, shaking the ideal of an ever closer union to its core. However, the specific legal changes brought about by this political turn have often remained obscure. How does Euroscepticism manifest itself in the law and policies of the EU Member States?
This book seeks to understand to what extent Eurosceptic attitudes translate into legislative, administrative and judicial practices that challenge EU law and governance in the Member States. It reveals the many facets of national resistance that the EU is currently facing, ranging from open defiance to ignorance of EU law. It includes perspectives from the entire Union: from old and new, western and eastern, troublesome and (ostensibly) compliant Member States.
Bringing together experts from law and political science, this timely book offers unique insights into the reception – and sometimes rejection – of EU law in the Member States. It is essential reading for anyone interested in the current challenges and the future of the European Union.
Table Of Contents
Introduction
Clara Rauchegger and Anna Wallerman
PART I
NATIONAL EUROSCEPTICISM AND THE EU INSTITUTIONS
1. EU Policies in Times of Populist Radical Right Euroscepticism: Which Future?
Gerda Falkner and Georg Plattner
2. Does Euroscepticism Influence Compliance and Enforcement of EU Law in the Member States?
Dimiter Toshkov
PART II
EUROSCEPTIC GOVERNMENTS AND THEIR POLICIES
3. The New Italian Government between Break and Continuity: Political Discourse and Constitutional Practices
Luigi Gianniti and Barbara Guastaferro
4. Poland's Defiance Against the CJEU in the Puszcza Bialowieska Case (C-441/17)
Przemyslaw Tacik
5. Hungarian Economic Patriotism and Internal Market Law: Questioning Fundamental Freedoms and Disregarding Fundamental Rights
Mónika Papp and Marton Varju
PART III
CASE STUDIES ON MIGRATION AND FREE MOVEMENT OF PEOPLE
6. Schengen, Migration – and the Resurrection of the Westphalian Nation-State?
Peter Thalmann
7. 'Euroreluctance' at the Heart of Europe? Challenges to the Free Movement of People in Luxembourg
Catherine Warin
PART IV
RESISTANCE WITHIN AND AGAINST THE PRELIMINARY REFERENCE PROCEDURE
8. Who is the National Judge? A Typology of Judicial Attitudes and Behaviours Regarding Preliminary References
Anna Wallerman
9. Attitude or Aptitude? Explaining the Lack of Preliminary References in Dutch Competition Law Cases
Jesse Claassen
10. Reluctance to Participate in the Preliminary Ruling Procedure as a Challenge to EU Law: A Case Study on Slovenia and Croatia
Monika Glavina
11. Game of Courts: The Effects of Constitutional Judicial Conflicts on Polish Judges' Co-operation with the CJEU
Juan A Mayoral
PART V
CONCLUSIONS
12. National Resistance Against EU Law and Governance: Degrees and Manifestations
Clara Rauchegger and Anna Wallerman
