An Ever Changing Union, Indeed: Of Judicial Dialogues and Fundamental Rights Protection in the EU.
In the Liber Amicorum that they edited in Honor of Allan Rosas, Koen Lenaerts, Jean-Claude Bonichot, Heikki Kanninen, Caroline Naömé and Pekka Pohjankoski, invited a wide range of authors to explore perspectives on the Future of EU Law. The vast majority of contributors share an affiliation to EU institutions or other European and national institutions, most often with the Court of Justice of the EU of which Allan Rosas was himself a Member until October 2019 and for which he has recently been appointed as Chair of the panel responsible for advising on the appointment of Judges and Advocates General. The reader is thereby provided with a mosaïc of articles delving into subjects that are both very topical for contemporary EU lawyers, and addressed by very high level legal practitioners. The book will be of great interest to teachers and researchers alike.
For lecturers in charge of advanced courses on EU law, the collection of essays provides a wealth of concise, focused and stimulating reading materials. A first set of chapters cover traditional themes being revisited, such as the free movement of goods and companies (Jürimäe, Kaila), EU citizenship (O’Leary, Bonichot), judicial protection including an emerging reflection on the rule of law (Skouris, Kanninen, Jaeger, Safjan and Düsterhaus, Dewost), or external relations (Prechal, Heliskoski). Another set of chapters address more recent challenges to the EU legal order, such as migratory pressures (Lenaerts), the question of mutual trust in the area of freedom security and justice (Timmermans, Ladenburger), (Br)exit and/or expulsion of a Member State from the EU (Edward, Ó Caoimh, Pohjankoski), or economic governance and its relationship to fiscal discipline/austerity (Poiares Maduro, Rehn, Alston) that is gaining renewed attention in the context of the COVID crisis.
Researchers will be equally interested in these varied contributions. Three themes that run through several of the chapters have particularly attracted my attention. They relate to judicial dialogues between national highest courts and the CJEU, as well as between the European Court of Human Rights (ECtHR) and the CJEU, and EU legislation on fundamental rights. These themes are as closely intertwined as they are topical. They are central to the EU’s ability to cope with an ever changing environment, as well as perhaps to the ever changing nature of the EU itself as the title of the book, ‘An Ever Changing Union?’, suggests.
The full book review, examining those three themes in detail, will be published in EU Law Live’s Weekend Edition No 26.
Prof. dr. Elise Muir is Head of the Institute for European Law of the KU Leuven and Visiting Professor at the College of Europe (LLM in European Legal Studies, Bruges).