Legal Risks in EU Law
This book presents concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. It is the first book on legal risk management in the EU. Dr. Moritz Jesse and Dr. Darinka Piqani, researchers in the field of European law at the Europa Institute in Leiden, have both contributed a chapter.
- Moritz Jesse and Darinka Piqani
- 15 August 2016
- "Legal Risks in EU Law"
Legal Risks from, to, and within EU Migration Law: An Inventory
Abstract This chapter argues that European or national legislation seeking to regulate, steer or limit migration out of itself gives rise to risks. It is difficult to imagine an area of law, which is more susceptible to political interventions and heated public debates that the regulation of immigration. On the national level, migration and EU migration rules are perceived as a risk to welfare, social cohesion and national sovereignty. The binding character of EU legislation indeed limits the discretion of Member States significantly. This leads to a continuous struggle between Member States and the EU about the scope of application, effectiveness, and limits of EU migration rules on the national level. In turn, this constellation gives rise to three categories of risks: First, abstract risks such as the lack of legal certainy and undermining of objective and purpose of legislation. Second, institutional risks such as preventing the achievement of political promises or destabilizing national systems of governance. Third and final, individual risks to individual immigrants who might suffer from denial of rights, insecurity and marginalization as an effect of the struggle between the EU and its Member states.
Chapter: Moritz Jesse, ‘Legal Risks from, to, and within EU Migration Law: An Inventory’, in: Emilia Mišćenić, Aurélien Raccah (Eds.), Legal Risks in EU Law Springer International Publishing 2016, 183-198.
Legal Risks in the Relation Between National Constitutional Law and EU Law
Abstract Already at the beginning of the existence of the EU Communities, the ECJ introduced direct effect and primacy of EU law as two fundamental principles of the EU legal order. These principles were based on a need for uniform and effective application of EU law. This development had a great impact on the organization of national constitutional orders, among other things, on the role of ordinary courts in the judicial architecture and the position of national constitutional courts. This chapter investigates potential legal risks for the national and EU legal orders and concludes that although not materialized, legal risks have shaped the relation between EU law and national law.
Chapter: Darinka Piqani, ‘Legal Risks in the Relation Between National Constitutional Law and EU Law’, in: Emilia Mišćenić, Aurélien Raccah (Eds.), Legal Risks in EU Law Springer International Publishing 2016, 23-42.