European Economic Legal Order After Brexit
Legacy, Regulation, and Policy
This book takes an innovative approach to provide a mirror perspective of the legal systems of the UK and the EU in contemporary institutional scenarios.
At the beginning of the second decade of the 21st century, the legal systems of the EU and the UK are facing challenges of epic proportions. Never before have the two legal orders been confronted with the simultaneous impact of a series of events. First, the effect of the “divorce” between the two regulatory systems caused by the UK’s withdrawal from the EU. The Negotiating Documents and the Draft Texts being discussed and aimed at leading to a `New Partnership’ are examined in the book. Second, the book discusses the impact of the coronavirus shock in all European economies leading to a substantial change of political perspective in the EU legal order implying innovative debt instruments. Third, it explores the consequences of the judicial activism of the German Constitutional Court undermining the strategic role of the European Central Bank and the primacy of the European Union Court of Justice. The book questions the effects deriving from the legacy, i.e. the foundations of the two legal systems, on handling the issues of our time, the impact on market regulation of the striking contemporary events and the unsettled consequences on policy of the current convulsing political and financial landscape.
The book will be essential reading for those working in the areas of European public regulatory law.
Table of Contents
Introduction: Identity Politics and Shared Polity; PART I: LEGACY; 2. Origins: Intellectual Legacy; 3. Visions: Shared Legacy and “Ordre Économique”; 4. Foundations: Internal Market Legacy and Level Playing Field; Part II: Market; 5. Connecting: Public Goods Markets; 6. Contracting: Procurement Market and Private Litigation Framework; 7. Equivalence: Building Leadership in the Regulation of Financial Markets; Part III: Policy; 8. Sovereignty: Monetary Policy and Plural Legal Systems; 9. Governance: Fiscal Policy and Common Debt Instruments; 10. Global: Competing in Trade Policy;
Enzo Cardi is Professor of Administrative Law at the University of Roma Tre, Italy.