Clause 2 Of The European Union Bill The Constitution S Passerelle Provisions
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Great Britain: Parliament: House of Lords: European Union Committee
Author : Great Britain: Parliament: House of Lords: European Union Committee Publisher : The Stationery Office Page : 12 pages File Size : 54,9 Mb Release : 2005-05-13 Category : Business & Economics ISBN : 0104006676
Clause 2 of the European Union Bill - the Constitution's Passerelle Provisions by Great Britain: Parliament: House of Lords: European Union Committee Pdf
The passerelle ("bridge") provisions relate to simplified procedures designed exclusively for revision of the Constitutional Treaty.
Bridging Clauses in European Constitutional Law by Robert Böttner,Jan Grinc Pdf
The book focuses on the legal framework for the use of the bridging clauses of Article 48(7) TEU as well as on parliamentary participation in the process of activating these clauses. It also outlines national parliamentary participation in EU law in general and, specifically, in the procedures for the amendment of the Treaties. Further, it explores the substantial law of the general bridging clauses (scope of application, exceptions, legal effects) and explains in detail the special bridging clauses and similar provisions that are scattered throughout the Treaties. The study further deals in depth with procedural issues, including the procedural requirements in the provision itself, notably the important and most complex element: the participation of the national parliaments, both directly and indirectly through the (European) Council. To this end, the book includes an analysis of the safeguards and mandating systems that national legal orders have installed.
National Constitutions and EU Integration by Stefan Griller,Lina Papadopoulou,Roman Puff Pdf
Do individual constitutions, and the legal cultures underlying them, pose an obstacle to future EU integration? This ambitious collection brings together reports from all the European Member States, systematically setting out their individual constitutional guarantees. In doing so, it tracks possible roadblocks to the future evolution of European integration. Written by recognised authorities in each Member State, it offers an authoritative and rigorous overview of the European Union's constitutional landscape. Its single-structure approach allows for comparison while maintaining consistency. It will become the standard reference work for academics, students and practitioners in the field of European Union law and integration.
Great Britain: Parliament: House of Lords: European Union Committee
Author : Great Britain: Parliament: House of Lords: European Union Committee Publisher : The Stationery Office Page : 52 pages File Size : 53,5 Mb Release : 2007-11 Category : Political Science ISBN : 0104011629
The EU reform treaty by Great Britain: Parliament: House of Lords: European Union Committee Pdf
This progress report presents evidence taken by the Committee during the summer recess on the draft EU Reform Treaty on which negotiations have been proceeding in the Inter Governmental Conference (IGC), as well as correspondence raising questions with the Minister for Europe. The Committee sets out its plan for further in depth analysis of the impact of the reform Treaty on the UK and discusses specific questions of the role of national parliaments. The report notes the tight mandate given to the IGC has had the effect that its work has been largely technical and asks the Government to report to the House on the impact of this procedure.
The Max Planck Handbooks in European Public Law by Armin von Bogdandy,Huber Peter M.,Christoph Grabenwarter Pdf
The Max Planck Handbooks in European Public Law series describes and analyzes the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration render legal comparison the task of our time for both scholars and practitioners, the project aims to foster a better understanding of the specific European legal pluralism and, ultimately, to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this endeavour with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and specific approach to constitutional issues throughout the Continent. The fourth volume now compares European constitutional jurisdiction in the European legal space. It examines the structures of the organization, the appointment of judges, the procedures and the methods of argumentation and interpretation, their impact on state and society, their legitimacy as well as their role in the division of powers, and thus completes the picture following the country reports in Volume III. This comparative perspective is supplemented by an examination that illustrates the relationship with the ECJ, the ECtHR, and the Venice Commission as well as their (constitutional) function. Finally, Constitutional Adjudication: Common Themes and Challenges is devoted to the challenges constitutional jurisdiction in the European judicial area is currently facing. The historical, political, and theoretical foundations as well as the basic dogmatic features of constitutional jurisdiction are presented in such a way that the discussion about its role and further development in this legal space is sustainably stimulated.
Great Britain: Parliament: House of Commons: European Scrutiny Committee
Author : Great Britain: Parliament: House of Commons: European Scrutiny Committee Publisher : The Stationery Office Page : 90 pages File Size : 50,6 Mb Release : 2011-01-24 Category : Political Science ISBN : 0215556070
The EU Bill by Great Britain: Parliament: House of Commons: European Scrutiny Committee Pdf
The report explains how Part 1 of the Bill will apply referendum locks and other constitutional safeguards before further competence or power can be transferred from the UK to the EU. It then highlights significant gaps in these safeguards, particularly in relation to amendments to the EU Treaties that are considered by the Government of the day to be insignificant, or to apply only to other Member States, or to allow simply for the accession of a new Member States, in which case a referendum will not be triggered. It looks at the potentially profound implications of the referendum lock for Parliamentary democracy and direct democracy, and its consequences for UK-EU relations. The Committee's overall evaluation and conclusions are summarised in the last chapter.
Nigel Foster provides a concise and clear account of EU Law, offering an accessible entry point to the subject. The fourth edition provides an incisive account of the institutions and procedures of the European Union, before moving on to consider key areas of substantive law, including competition law.
This textbook is written in an informal and engaging manner with an emphasis on explaining the key topics covered in EU courses with clarity. End of chapter questions encourage students to test and reinforce their own learning.
Author : Paul Craig,Gráinne de Búrca Publisher : Oxford University Press, USA Page : 1317 pages File Size : 55,6 Mb Release : 2011-08-18 Category : Law ISBN : 9780199576999
EU Law: Text, Cases, and Materials by Paul Craig,Gráinne de Búrca Pdf
The fifth edition of EU Law: Text, Cases, and Materials provides clear and insightful analysis of European Law accompanied by carefully chosen extracts from a range of materials. This edition looks in detail at the way in which the Treaty of Lisbon has radically changed both the institutional and substantive law of the European Union.
Of Courts and Constitutions by Kieran Bradley,Noel Travers,Anthony Whelan Pdf
The essays which appear in this volume have been written to pay tribute to the Hon Mr Justice Nial Fennelly, judge of the Supreme Court of Ireland and former Advocate General at the European Court of Justice, on the occasion of his retirement. The overall theme of the book is the relationship between European Union law and national law, and the role of courts in defining that relationship. The book consists of four main parts – the structure and functioning of the European Court of Justice, material issues of European Union law, aspects of Irish law and transversal issues of national and European law. The contributors are all past and present members of the European bench, members or former members of the Irish judiciary or Bar and/or experts in European Union law, many of whom have worked with Mr Justice Fennelly during his long and distinguished career at the Bar and on the bench.
EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.
Author : Paul Craig,Gráinne De Búrca Publisher : Oxford University Press, USA Page : 1375 pages File Size : 48,8 Mb Release : 2015 Category : Law ISBN : 9780198714927
The Italian Parliament in the European Union by Nicola Lupo,Giovanni Piccirilli Pdf
"The Lisbon Treaty states that national Parliaments shall contribute to a better functioning of the EU. Can they really do it and therefore enrich the European democracy? How far can they extend their original sovereignty without distorting political responsibilities that should be geared upon the European Parliament? The authors analyze the experience of the Italian Parliament under the light of these crucial questions and their exhaustive answers are greatly helpful to the readers of all over Europe." Giuliano Amato, Judge of the Italian Constitutional Court. This important new collection explores the role of the Italian Parliament in the Euro-national parliamentary system as an example of an increased role for national parliaments within the composite European constitutional order. It illustrates how parliamentary interactions within the European Union are highly systematic, with integrated procedures and mutual interdependence between the various institutions and stakeholders. The book argues that this dynamic is vital for both the functioning and the future equilibrium of democracy in the EU. This is significant, particularly given the challenges posed to democracy within the EU institutions and the Member States. Notwithstanding its peculiarities (a symmetrical bicameral system in which both Houses are directly elected, hold the same powers and are linked through a confidence relationship with the government), the Italian Parliament deserves specific attention as a lively active player of the European polity. The grid for its analysis proposed by this collection may also be applied to other national parliaments, so contributing to the development of comparative research in this field.
Great Britain: Parliament: House of Commons: European Scrutiny Committee
Author : Great Britain: Parliament: House of Commons: European Scrutiny Committee Publisher : The Stationery Office Page : 104 pages File Size : 49,7 Mb Release : 2011-01-13 Category : Political Science ISBN : 0215555880
The EU Bill and parliamentary sovereignty by Great Britain: Parliament: House of Commons: European Scrutiny Committee Pdf
This report was produced online to coincide with the second reading of the European Union Bill (Bill 106, session 2010-11, ISBN 9780215557339) on 7 December 2010. The Committee is critical that it had been given only four weeks to investigate and prepare a report on the Bill's provision affirming the principle of Parliamentary sovereignty. This report sets out in detail the legal relationship between the United Kingdom and the European Union and the current debate on the scope of Parliamentary sovereignty, then evaluates the sovereignty clause (clause 18) in the light of evidence received. The evidence suggests that the legislative supremacy of Parliament is not currently under threat from EU law. However, the Committee believes recent UK court decisions have called into question the legal basis of Parliamentary sovereignty and the legislative supremacy of Parliament. It concludes that Clause 18 is a reaffirmation of the role of a sovereign Parliament in a dualist state, nothing more, nothing less. It does not address the competing primacies of EU and national law and much evidence suggests the clause is not needed. The Bill's proposal that approval to certain changes in EU law will require first to be approved by an Act of Parliament and that the change should be approved by a referendum is also considered. This "referendum lock" is viewed as an attempt to bind future Parliaments, but the Committee concludes there is no clear evidence that one Parliament has authority to act in this way.
