"Constitutionalising Europe. Dutch Reactions to an Incoming Tide (1948-2005)" aims to solve the question of how the relation between the Netherlands and Europe came under pressure. Widely renowned as one of the Founding Fathers of the European Coal and Steel Community and as one of the most loyal participants of European integration in general, the Netherlands surprised friend and foe when on 1 June 2005, its people rejected by a substantial majority the European Constitution. Until now, no s...

Direct effect, consistent interpretation and state liability are instruments developed by the CJEU for national courts to remedy conflicts between national and EU law (and may also be used in some jurisdictions to resolve national law and international law). This book will look at the `remedial capacity of these doctrines/tools from the perspective of the national court applying them. In short: what are their strengths, weaknesses, unexplored opportunities at grassroot level, and what can we ...

The book offers a comparative and interdisciplinary approach to the issue of property rights protection in Europe. This approach explores the tensions between the European and the national level. This is done by highlighting the different understanding of the constitutional role of property within different legal cultures and legal orders. The interaction and dialogue between national law and supranational human rights law in the area of property law is therefore at the centre of the work. Th...

Proportionality analysis describes a particular legal technique of resolving conflicts between human or constitutional rights and public interests through a process of balancing. As a general tendency, the current vivid academic debate on proportionality pays, however, insufficient attention to the institutional context – the question of judicial review. Based on the premise that proportionality analysis is a permissible approach to resolve conflicts between rights and other interests, the ...