Table of contents for The European Union : a polity of states and peoples / Walter van Gerven.

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Note: Contents data are machine generated based on pre-publication provided by the publisher. Contents may have variations from the printed book or be incomplete or contain other coding.


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Contents
	Preface	xiii
	Abbreviations	xv	
	Introduction	1
1	The European Union's Institutions, Identity and Values	7
	i. the european union in a nutshell	7
	Three Pillars under One Roof	7
	EU Institutions and Their Competences under the Three Pillars	12
a) The first pillar, 12 b) The second and third pillars, 22 c) The Union as a whole, 25 d) The Court of Justice, 27
	Differences in Levels of Integration: A Europe "à la Carte"?	28
	ii. a european "body politic" and identity	34
	The European Union: A Political Entity or a State?	36
a) The Union is not a state, 37 b) The Union: A "body politic" in search of democracy, 39 c) "Nation-state": A concept inadequate to define the Union's polity, 40
European Public Space and Public Opinion	41
a) Is there a European public space?, 43 b) European identity in historical perspective, 45 c) European identity now and in the future, 48
iii. european constitutionalism	52
	European Union Values and Objectives	52
	Typically European Values and Objectives?	56
	iv. conclusions	57
2	Accountable Government	62
	i. accountability of executive government	64
	Comparing Executive Accountability Regimes	65
	Learning Accountability from Scandals	69
a) Open government in Sweden at the expense of responsible 
journalism?, 70 b) Criminal prosecution in France, playing it 
rough, 72 c) Tribunals of Inquiry in the U.K. playing it softly, 73 
d) Ministerial responsibility in Germany, in accordance with the rules of the Basic Law, 75 e) Ministerial accountability for civil servants: Primacy of politics in the Netherlands and Belgium, 77
	ii. political accountability of eu commissioners	81
	The Content of Accountability and Political Responsibility	82
a) The principle of accountability and political responsibility in Community law, 83 b) Commissioners' accountability and political responsibility for civil servants, 86 c) Learning from the Member States, 88 d) Accountability under the second and third pillars, 91
	The Special Case of Administrative Agencies	91
a) Regulatory agencies, 92 b) Executive or implementing agencies, 95
	iii. conclusions	98
3	The Rule of Law	104
	i. rule of law, rechtsstaat, and judicial review	105
	ii. submission of public authorities to 
	community law	110
	Judicial Review by Community and National Courts	110
a) Judicial review by Community courts, 110 b) Judicial review by national courts, 113
	The Community Governed by the Rule of Law, but Not (Yet) the 
	Whole Union	118
	iii. respect for basic rights and fundamental 
	freedoms	121
	Protection of Basic Rights and Fundamental Freedoms in the 
	European Union	123
	Protection of Basic Rights and Fundamental Freedoms in the 
	United States	127
	Judicial Scrutiny in Concrete Cases	131
	iv. providing legal certainty	137
	The Need for a Clear Legal Basis	138
a) The principles of conferral, subsidiarity, and proportionality, 138 b) Community jurisdiction regarding interstate trade, in comparison with the United States interstate commerce clause, 141 c) Legal basis, legal certainty, and judicial activism, 149
	High-Quality Legislation	151
	v. conclusions	153
4	Good Governance	158
	i. integrity and efficiency	000
	Encouraging Ethical Behavior	000
	Ensuring Efficiency and Effectiveness	000
a) "Input" and "output" legitimacy of the budgetary and accounting process, 165 b) New modes of governance, 167
	ii. equality in law and affirmative action	171
	Equal Protection in the European Union and the United States	171
	Affirmative Action Correcting Race and Gender Discrimination	176
	iii. social justice and the welfare state	183
	A Citizenship of Lonely Rights Bearers?	184
	Different Conceptions of the Welfare State	187
a) Health care in the United States and the European Union, 190 b) The impact of EU internal market freedoms on Member State health care systems, 193
	The Union's Social Policy and Social Citizenship	196
a) Community supportive action in the sphere of social policy: Social exclusion as an example, 196 b) From market citizenship to political and social citizenship, 200 c) From citizen to resident rights, 206
	iv. conclusions	208
5	Open Government	212
	i. civic responsibility	213
	Republicanism Correcting Individualism	213
	Five Conceptions of Responsibility in Complex Organizations	215
	The Civic Dimension of Whistle-blowing	217
a) Whistle-blowing (and civil disobedience) in the European Union and in the United States, 217 b) Dealing with whistle-blowing properly, 221
	ii. free access to public documents	225
	Conflicting Views on How Much Free Access	225
	Freedom of Information in the United States	228
	iii. civil society, public opinion, and citizen participation	230
	The Importance of Civil and Civic Society	230
	Citizen Access to the Political Process	234
a) Elections and political parties in the EU, 235 b) Citizen access through other means, 236
	A Vibrant Public Opinion on European Integration	238
	iv. freedom of the press: a marketplace for ideas	242
a) Freedom of the press under the European Convention of Human Rights (ECHR), 243 b) Freedom of the press in the United States, 247 
c) Comparing ECtHR case law with case law of the U.S. Supreme Court, 250
	v. conclusions	253
6	Making a Constitution for Europe	256
	i. constitution making in the european union	256
a) The proceedings of the Convention, 257 b) Name and contents of the draft Constitution, 259 c) Recent developments, 261
	ii. competences and procedures in the draft constitution	263
	The Union on a Continuum between Intergovernmentalism and Supranationalism	263
	Distribution of Power in the Draft Constitution	267
a) Principles governing the exercise of competences, 268 
b) Categories of competences and policies, 271 c) No major changes but some unanswered questions, 273 d) Conclusion, 276
	Legal Instruments, Legislative Procedures, and Voting Requirements	276
a) Legal instruments defined, 276 b) Legislative procedures, 279 c) Qualified majority voting, 281 d) Conclusion, 285
	iii. the institutions' democratic legitimacy	286
	The Union's Single Institutional Framework	286
a) Substantive functions and balance of power, 287 
b) Democratic legitimacy and the rule of law, 288 c) Conclusion, 292
	Some Controversial Solutions	292
a) A dual presidency, 293 b) The composition of the Council of Ministers, 297 c) The Union's foreign minister, 298
	iv. issues still in need of a satisfactory solution	300
	The Union's Finances	301
	The Procedure for Amending the Constitutional Treaty	304
	v. conclusions	305
7	Which New Form of Government for Europe?	309
	i. forms of government: a comparative overview	309
	The British Parliamentary and American Presidential Systems	310
	The French and German Variants of Presidential and Parliamentary 
	Systems	315
	ii. pure and mixed forms of presidential and parlamentary government: an assessment	318
	Presidentialism versus Parliamentarism	319
a) "The Failure of Presidential Democracy," 320 b) The transformation of "pure" parliamentarism into a mixed form of government, 324
	Majoritarian versus Consensus Democracies; Plurality versus 
	Proportional Electoral Systems	326
a) Majoritarian versus consensus democracies, 327 b) Plurality versus proportional electoral systems, 330
	iii. two specific issues: bicameralism and political parties	332
	The Significance of Bicameralism	332
a) Bicameralism from a European Union perspective, 333 
b) Bicameralism in a federal state: Germany, 334
	The Importance of Political Parties	337
a) The Role of political parties in the Member States, 338 b) Political parties in the European Union, 341
	iv. a democratic form of government for the european union	344
	Not a Presidential but a Strong Parliamentary System	344
a) Neither a pure nor a semi-presidential system, 344 
b) A "consensus" democracy with a strong executive, 346 
c) The Union's democratic deficit, 348 	
	Improving the Commission's Accountability	349
	Adapting the Role of Euro-Parties	352
a) Involving citizens, 353 (b) Strengthening party identities, 354 
c) Changing the focus of Euro-parties, 356 d) Taking the risk of enhanced democratic legitimacy, 358
	Constructing Accountability in the Council of Ministers?	360
a) The Council: One of two parliamentary houses (or chambers)?, 361 b) Striking balances in the common interest, 363 c) Securing accountability, 364
	Which Future for the European Council?	366
	v. conclusions	368
	Epilogue	375
	Substantive Changes	376
a) Composition of the Commission and appointment of its president, 376 b) Redefining qualified majority voting, and some other changes 379
	The Search for a New President of the Commission and the Appointment of a New Commission	381
	The Union in the Wider World	385
	Index	389

Library of Congress Subject Headings for this publication:

Europe -- Politics and government -- 21st century.
European Union.