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The Transformation of EU Treaty Making
The Rise of Parliaments, Referendums and Courts since 1950


Part of Cambridge Studies in European Law and Policy

  • Date Published: August 2018
  • availability: Available
  • format: Hardback
  • isbn: 9781107112155

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About the Authors
  • Treaty making is a site of struggle between those who claim the authority to speak and act on the international stage. The European Union (EU) is an important test case in this respect because the manner in which the Union and its member states make treaties has shifted significantly over the last six decades. Drawing insights from EU law, comparative constitutionalism and international relations, this book shows how and why parliaments, the people and courts have entered a domain once dominated by governments. It presents qualitative and quantitative evidence on the importance of public trust and political tactics in explaining this transformation of EU treaty making and challenges the idea that EU treaties are too rigid. Analysing legal developments in the EU and each of its member states, this will be essential reading for those who wish to understand the EU's controversial experiment in treaty making and its wider significance.

    • Presents a major study of EU treaty making helping readers gain insights into the links between EU law and national constitutions in this domain and their relevance for contemporary debates about EU and international treaty making
    • Provides important new evidence on classic theoretical debates in international relations and international law with new insights on the interplay between trust, legitimacy and treaty making
    • Challenges the prevailing consensus that mechanisms of EU treaty making are too rigid and provides new evidence about the factors driving treaty amendment and ideas for reforming EU treaty making
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    Reviews & endorsements

    'Overall, Hodson and Maher have made an important contribution to the literature on EU treaty making, which allows the reader to better understand the evolution of this process, as well as considering the future of treaty making for the EU and international actors in general.' Victoria Hooton, Parliaments, Estates & Representation

    'To conclude, Hodson and Maher have made a seminal contribution to understanding the transformation of EU treaty-making and their monograph is thus an excellent addition to the well-established Cambridge Studies in European Law and Policy series.' Mario Mendez, European Law Review

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    Product details

    • Date Published: August 2018
    • format: Hardback
    • isbn: 9781107112155
    • length: 352 pages
    • dimensions: 235 x 156 x 23 mm
    • weight: 0.63kg
    • contains: 8 b/w illus. 9 tables
    • availability: Available
  • Table of Contents

    1. The transformation of EU treaty making
    2. Two level games, two level legitimacy and EU treaties
    Part I. The Negotiation Stage:
    3. EU treaty making and the partial eclipse of the IGC
    Part II. The Consent Stage:
    4. The rise of parliaments in EU treaty making
    5. The rise of referendums in EU treaty making
    6. The rise of higher courts in EU treaty making
    7. Explaining the transformation of EU treaty making
    Part III. The Practice of EU Treaty Making:
    8. How changing rules and norms have shaped EU treaty making
    9. Eight ideas for reforming EU treaty making
    10. The future of treaty making.

  • Authors

    Dermot Hodson, Birkbeck College, University of London
    Dermot Hodson is Reader in Political Economy at Birkbeck College, University of London and Visiting Professor at the College of Europe, Bruges. He has published extensively on European integration and governance, and his books include Governing the Euro Area in Good Times and Bad (2011), The New Intergovernmentalism: States and Supranational Actors in the Post-Maastricht Era (2015, edited with Christopher Bickerton and Uwe Puetter) and The Institutions of the European Union, 4th edition (2017, edited with John Peterson). He is a member of the editorial board of the Journal of European Public Policy.

    Imelda Maher, University College Dublin
    Imelda Maher is the Sutherland Professor of European Law, University College Dublin. She has published extensively in EU law and her books include Asian Capitalism and the Regulation of Competition: Towards a Regulatory Geography of Global Competition Law (Cambridge, 2013, edited with M. Dowdle and J. Gillespie). She was general editor of Legal Studies (2012–17) and is a member of the editorial boards of the European Law Journal and of the Irish Yearbook of International Law. She is a member of the Royal Irish Academy and served as President of the Society of Legal Scholars in 2017.

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