The Diagonality Problem of the EU Rule of Law

This open access book establishes an interpretative framework by means of a functionalist-originalist reading of EU law and comparative federalism, in particular US constitutional law. The EU is undergoing one of the most profound structural crises of its history, relating to the rule of law and fundamental rights. The author conceptualises the existential question in terms of ontology, constitutional legitimacy, doctrine and institutional process. By providing the first conceptual methodology (based on comparative federalism and focusing on law and rights) the book develops proposals which can be used to address the EU''s current constitutional challenges. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Préface
This book provides an exciting new statement on how best to understand the current constitutional crisis faced by the EU by drawing on comparative federalism.

Auteur

Csongor István Nagy is Professor of Law at and the Head of the Department of Private International Law at the University of Szeged, Hungary.

Contenu

1. Introduction 2. Conceptual Vocabulary and Frame of Interpretation 3. Diagonal Application of Fundamental Rights in Multilayered Polities: A Comparative Overview 4. The Horizontal Application of the EU Rule of Law: Conferral of Sovereign Powers with Their Inherent limits 5. The Apparent Diagonal Application of the EU Rule of Law: Extension of Horizontal Application to the Member States When They Act as the EU's Agents 6. The Genuine Diagonal Application of the EU Rule of Law: Incorporation à l'européenne and the Paradigm of Core Standardswords 7. Stress Test of Diagonalization in the United States: Roe v. Wade, Dobbs v. Jackson and the Limits of Incorporation 8. Stress Test of Diagonalization in the European Union: The Rebellion of Constitutional 9. Conclusions and Proposals