Document Type
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BL
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Record Number
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860681
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Title & Author
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Between Compliance and Particularism : : Member State Interests and European Union Law /\ editor, Marton Varju.
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Publication Statement
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Cham, Switzerland :: Springer,, [2019]
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Page. NO
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1 online resource
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ISBN
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3030057828
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: 9783030057824
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303005781X
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9783030057817
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Bibliographies/Indexes
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Includes bibliographical references.
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Contents
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Intro; Preface; Contents; About the Contributors; Between Compliance and Particularism; 1 Introduction; 2 History, Politics and the Law: The Background; 3 Between Compliance and Particularism: The Analytical Frame; 4 The Structure of the Book; References; In Search of Limits for the Protection of National Identities as a Member State Interest; 1 Introduction; 2 The Emergence of Respect for National Constitutional Identity in the European Constitution; 2.1 Common Interests and Protection of Member States Interests in the Early Stages of Integration; 2.2 Codification of the Concept
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2.3 Stage Three: Single Supervisory and Resolution Mechanisms3 Member States' Interests in an Upgraded Institutional Framework; 3.1 Guaranteeing Member States' Interest by Means of Institutional Rules; 3.2 Streamlined Conflict Resolution Methods; 3.3 Protecting Member States' Interests by Means of Administrative Embedding; 4 Challenges and Frictions Resulting from the Embedding of Member States' Interests in the EU Financial Governance Framework; 4.1 Sacrificing Substance for the Sake of Procedure?; 4.2 Additional (Soft) Legal Instruments as Intermediate Solutions; 5 Conclusion; References
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3 Limits to Protection of National Identity in European Union Law3.1 National Constitutional Identity and the Court of Justice's Triptych of Effectiveness, Uniformity and Autonomy of the EU Legal Order; 3.1.1 National Constitutional Identity in the Case Law of National Constitutional Courts; 3.1.2 Limits to Invoking Constitutional Identity as Unilateral Exceptions to Primacy; 3.2 The Principle of Proportionality as a Limit to National Constitutional Identity; 3.3 National Constitutional Identity and (Common) Liberal Values; 4 Conclusions; References
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3.1 The Interplay Between Loyalty and Solidarity in the European Union's Regular Institutional Life3.2 Loyalty and Solidarity in Times of Crisis; 4 Acceding to (and Leaving) the Union and Protecting National Interests: Is Loyalty (Still) Relevant?; 5 Conclusion; References; EU Post-crisis Economic and Financial Market Regulation; 1 Introduction; 2 "More Europe" at the Expense of Member States' Interests?; 2.1 Stage One: A Common Rulebook for Financial Services Harmonising National Frameworks; 2.2 Stage Two: Budgetary Stability Obligations and Emergency Rescue Bodies
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EU Loyalty and the Protection of Member States' National Interests1 Introductory Remarks; 2 The Protection of Member States' National Interests in an "Ever Closer Union": The General Paradigm of the Interplay Between Loyalty, EU Integration and National Interests; 2.1 The Protection of National Interests in the Decision-Making Process; 2.2 Exceptions, Derogations and Loyalty; 2.3 Differentiated Integration and Loyalty; 3 Loyalty, Solidarity and Member States' National Interests in Times of Crisis
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Abstract
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The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.
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Subject
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European Union-- Membership.
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European Union.
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Subject
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Law-- European Union countries.
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Subject
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International economic integration.
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Subject
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LAW-- International.
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Subject
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LAW-- Public.
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Subject
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Law.
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Subject
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Membership requirements.
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Subject
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Politics and government.
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Subject
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European Union countries, Economic integration.
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Subject
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European Union countries, Politics and government.
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Subject
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European Union countries.
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Dewey Classification
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341.242/23
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LC Classification
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KJE969
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Added Entry
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Varju, Marton
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