EU Law in Populist Times
Crises and Prospects

The rise of Euroscepticism and populist backlash pose a dramatic challenge to the EU and highlight the EU's growing legal powers over core areas of state sovereignty. Authored by leading academics and policymakers, this book provides a comprehensive and cutting-edge analysis of the fields of EU law at the heart of contemporary political debates - economic policy, human migration, internal security, and constitutional fundamentals at the national level. Following the specialist contributions, the conclusion draws out critical, cross-cutting lessons for improving legitimacy and advancing the rule of law, rights and democracy in sovereignty-sensitive areas of EU law. Accessible to students, this volume is an invaluable resource for researchers and scholars of EU law and politics.

1. Introduction: EU law, sovereignty, and populism Francesca Bignami; Part I. Economic Policy: 2. The future of the European economic and monetary Union: issues of constitutional law Matthias Ruffert; 3. Post-crisis economic and social policy: some thoughts on structural reforms 2.0 Philomila Tsoukala; 4. Politicized integration: the case of the Eurozone crisis Nicolas Jabko; 5. EU financial regulation after the neoliberal moment Elliot Posner; 6. The Euro crisis and the transformation of the European political system Renaud Dehousse; Part II. Human Migration: 7. On equal treatment, social justice and the introduction of parliamentarism in the European Union Ulf Öberg and Nathalie Leyns; 8. The emerging architecture of EU asylum policy: insights into the administrative governance of the common European asylum system Evangelia Tsourdi; 9. Databases for non-EU nationals and the right to private life: towards a system of generalised surveillance of movement? Niovi Vavoula; Part III. Internal Security: 10. The EU and international terrorism: promoting free movement of persons, the right to privacy, and security Gilles de Kerchove and Christiane Höhn; 11. The preventive tun in European security policy: towards a rule of law crisis? Valsamis Mitsilegas; 12. The opening salvo: the CLOUD Act, e-evidence proposals, and EU-US discussions regarding law enforcement access to data across borders Jennifer Daskal; 13. Preserving article 8 in times of crisis: constraining derogations from the European Convention on Human Rights Marc Rotenberg and Eleni Kyriakides; 14. Progress and failure in the area of freedom, security, and justice Emilio De Capitani; Part IV. Constitutional Fundamentals: 15. Defending democracy in EU member states: beyond article 7 TEU Kim Lane Scheppele and R. Daniel Kelemen; 16. The politics of resentment and first principles in the European Court of Justice Tomasz Tadeusz Koncewicz; 17. The populist backlash against Europe: why only alternative economic and social policies can stop the rise of populism in Europe Bojan Bugarič; 18. The democratic disconnect, the power-legitimacy nexus, and the future of EU governance Peter L. Lindseth; 19. Conclusion: rule of law, rights, and democracy in sovereignty-sensitive domains Francesca Bignami.

Francesca Bignami is LeRoy Sorenson Merrifield Research Professor at the Law School, George Washington University, Washington DC. She has published extensively on EU and US administrative law, data protection, and privacy. Among her recent publications is the co-edited volume Comparative Law and Regulation: Understanding the Global Regulatory Process (2016).