The EU Between an Ever Closer Union and Inalienable Policy Domains of Member States

Transcription

1 Schriftenreihe des Arbeitskreises Europäische Integration e.v. l 80 Giegerich Gstrein Zeitzmann [eds.] The EU Between an Ever Closer Union and Inalienable Policy Domains of Member States Nomos

2 Schriftenreihe des Arbeitskreises Europäische Integration e.v. Volume 80

3 Thomas Giegerich Oskar Josef Gstrein Sebastian Zeitzmann [eds.] The EU Between an Ever Closer Union and Inalienable Policy Domains of Member States

4 This project has been funded with support from the European Commission. This publication reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein. Die Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data is available in the Internet at ISBN st edition 2014 Nomos Verlagsgesellschaft, Baden-Baden Printed in Germany. This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically those of translation, reprinting, re-use of illustrations, broadcasting, reproduction by photocopying machine or similar means, and storage in data banks. Under 54 of the German Copyright Law where copies are made for other than private use a fee is payable to»verwertungsgesellschaft Wort«, Munich.

5 Table of Contents Preface 5 List of Abbreviations 11 Part I The EU between an Ever Closer Union and Inalienable Policy Domains of Member States Introduction: Trying to Fathom the Shallows of European Unification 17 Thomas Giegerich The Theory of Essential National Policies in the Lisbon Judgment of the German Federal Constitutional Court 43 Karl-Peter Sommermann Does EU Law Recognise Legal Limits to Integration? Accommodating Diversity and its Limits 59 Leonard F.M. Besselink Part II Interaction between EU Law and National Constitutional Law The European Union s Common Values and National Identities: Convergence or Contradiction? 81 Christine Kaddous National Citizenship and EU Citizenship: What Actual Competence is Left for the Member States in the Field of Citizenship? 107 Helle Krunke and Felix Schulyok 7

6 Part III Financial Policy All is Changed, Changed Utterly? The Euro Crisis, the ECJ, and the Changing Nature of National Tax Sovereignty in the EU 155 Suzanne Kingston Budget Policy 187 Florian Becker and Alexander Merschmann Part IV Security Policy Internal Security Policy 203 Torsten Stein External Security Policy 209 Stefan Kadelbach Turkey: Constitutional Obstacles to Conferral of Powers to the EU in the Policy Areas of Internal and External Security 223 Ozan Turhan Part V Criminal Law and Procedure EU and National Constitutional Constraints with Respect to Criminal Policy and Criminal Law 249 Maria Kaiafa-Gbandi The Europeanisation of Criminal Law and Procedure 291 Lyane Sautner 8

7 Part VI Social Policy Social Policy 299 Stefanie Schmahl Limits to National Social Policy or Further Integration: A Norwegian Perspective 327 Stein Evju Thoughts on the Social Purpose of EU Law 343 Roger Blanpain Part VII Cultural Policy Cultural Policy 351 Kerstin Odendahl National Language Policy within the Framework of European Law 377 Xabier Arzoz National Media Policy within the Framework of European Union Law The Case of Hungary 421 Pál Sonnevend National Policy towards Religious Associations within the Framework of European Law 441 Monica Lugato 9

8 Part VIII Family and Education Policy National Constitutional Approaches to Family Policy 469 Anna Stępień-Sporek and Margaret Ryznar The European Student Mobility Game. Winners and Losers 485 Hans Pechar The Failure to Protect Education as an Inalienable Policy Domain of EU Member States A Critical Assessment of Article 165 TFEU on Education and Suggestions for Reform 513 Sacha Garben Concluding Remarks How to Square the Circle between Political Necessities and Constitutional Constraints? An ECJ Perspective 537 Waltraud Hakenberg How to Square the Circle between Political Necessities and Constitutional Constraints? Concluding Remarks 555 Siegfried Magiera List of Authors and Editors