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Constitutionalism and the Enlargement of Europe by Wojciech Sadurski Pdf
Written at the intersection of law and political science, this book adopts a new and original perspective on the legal implications of the Eastward enlargement of the Council of Europe and the European Union. Case studies offer a novel examination of the development of legal norms and institutions within these supranational bodies.
Constitutionalism and the Enlargement of Europe by Wojciech Sadurski Pdf
After the fall of Communism in Central and Eastern Europe (CEE), the newly democratized countries of this region joined two main pan-European political and legal structures: the Council of Europe and the European Union. This book shows how the Eastward enlargement of these two structures fostered the 'constitutionalization' both of the Council of Europe and of the EU. Prompted by the enlargement of the Council of Europe and the admission of a number of countries which brought unique and often more substantial problems onto the Court's agenda, the main judicial body of the Council of Europe, the European Court of Human Rights, became a quasi 'constitutional court' of Europe. This book demonstrates that this was primarily as a result of the widening of its agenda and the resulting need to make activist decisions about the compatibility of national laws with the European Convention. In terms of the EU, the book shows that the enlargement (first prospective, and then, actual) has been an important agenda-setter for the constitutionalization of the EU; in particular, for openly placing the issue of fundamental rights on the EU agenda as a legitimate and indispensable matter of concern for the EU. But the 'constitutional synergies' were a two-way street: the accession to both pan-European structures has also affected the development of democratic constitutionalism in CEE states. It has raised difficult issues regarding the relationships between national sovereignty, democracy, and human rights that CEE policy makers have grappled with; these issues and responses by CEE member states have had implications for the 'old' EU member states as well. These dynamics are explored through various case studies, providing a new perspective on the development of legal norms and institutions within European supranational bodies.
EU Enlargement and the Constitutions of Central and Eastern Europe by Anneli Albi Pdf
In the wake of the EU's biggest enlargement, this book explores the adaptation of the constitutions of Central and Eastern Europe (CEE) for membership in the European Union. In response to the painful past, these new constitutions were notably closed to transfer of powers to international organizations, and accorded a prominent status to sovereignty and independence. A little more than a decade later, the process of amending these provisions in view of the transfer of sovereign powers to a supranational organization has proved a sensitive and controversial exercise. This book analyses the amendments against the background of comparative experience and theory of sovereignty, as well as the context of political sensitivities, such as rising euroscepticism ahead of accession referendums.
Spreading Democracy and the Rule of Law? by Wojciech Sadurski,Adam Czarnota,Martin Krygier Pdf
The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?
Author : J. H. H. Weiler,Marlene Wind Publisher : Cambridge University Press Page : 256 pages File Size : 50,6 Mb Release : 2003-09-04 Category : Law ISBN : 0521796717
EU Enlargement:The Constitutional Impact at EU and at National Level by Alfred Kellermann Pdf
The subject of this Conference concerns the impact the enlargement of the Euro pean Union has on the constitutional provisions of both levels of European ad ministration, the national and the European level. This subject is the more attractive because the 'constitutional' impact of en largement is an essential element in the context of the 'rule of law' as one of the 1 general principles of the Union. Here a relationship does exist with objectives such as a good and transparent system of governance, a democratic legislative process, an independent judiciary and an adequate system of legal protection. As to the national level, the implications membership of the Union has for the constitutional texts of the (candidate) member States have a connection with the fundamental characteristics of Community law such as priority of European law (over national law), direct applicability and direct effect. These principles reflect the interest in ensuring that European law, once applied in the national context by the public authorities or the judiciary, is made fully effective, for the benefit not only of the public authorities but also of the ordinary citizen.
Constitutionalizing the European Union by Thomas Christiansen,Christine Reh Pdf
Enlargement and treaty reform have moved Europe's constitutional debate into the political spotlight. This important new text outlines the main themes of constitutional debate in the EU, analyzes formal and informal constitution-building since the early days of European integration, and introduces the actors and structures behind treaty change.
The Constitution for Europe and an Enlarging Union by Kirstyn Inglis,Andrea Ott Pdf
Recoge: 1. Formalising European Constitutionalism; Potencial added value or "Death by Constitution" - 2. Towards a more democratic union? Comments on the Treaty establishing a Constitution for Europe - 3. Institutional reform in the European Union - 4. The National Parliaments in an enlarged Europe and the Constitutional Treatry - 5. The "principle" of differentiation in an enlarged European Union; unity in diversity? - 6. Impact of European Union enlargement on EMU; monetary split-up into "ins" and "outs" as a temporary or permanent phenomenon? - 7. Differentiation in European Union citizenship law; the Cyprus problem - 8. The impact of the agriculture on the success of enlargement - 9. European counter-terrorism in the context of enlargement: challenges ahead - 10. EU enlargement-membership conditions applied to future and potential member states - 11. Minority protection in the EU-Challenges ahead - 12. Turkey's democratisation in light of its EU candidate status; EU enlargement at a crossroads.
Law and Governance in an Enlarged European Union by George A. Bermann,Katharina Pistor Pdf
This book's principal aim is to critically address the institutional and substantive legal issues resulting from European enlargement, chiefly those relating to the legal foundations on which the enlarged Union is being built. The accession of new Member States creates the potential for a stronger and more powerful Europe. Realising this potential, however, will depend on the ability of the EU to develop functional and effective governance structures, both at the European level and at the level of the individual Member States. While the acquis communautaire will ensure that formal laws in the new Member States will be aligned with those of existing members, the question remains as to how effective institutions will be in implementing changes, and what effects the imposed changes will have on the legitimacy of the new legal framework. This book, containing the work of leading scholars in law and social sciences, examines the current and future legal framework for EU governance, and the role that new members will - or will not - play in the creation of that framework, paying particular attention to the specific challenges membership in the EU poses to the acceding states of Central and Eastern Europe. It is a book which will contribute to and influence debates over constitutionalism and legal harmonisation in the EU.
The Worlds of European Constitutionalism by Gráinne De Búrca,Joseph Weiler Pdf
"The issue of constitutional authority, and more particularly the plurality of claims to legal and constitutional authority, has been a dominant theme of European Union legal scholarship in recent years. The resonance of the topic is evident in many of the major EU developments of the past decade: the momentous eastwards enlargement, the gambit of the un-ratified Constitutional Treaty; the growing number of national constitutional court challenges to EU authority claims; the likely EU accession to the European Convention on Human Rights; and finally the rulings of the European Court of Justice on the relationship of EU law to the international legal order"--
The enlargement of the European Union to embrace Central, Eastern and Southern Europe is usually analysed from political and economic points of view. The current process also has legal implications which this edited collection aims to explore. Written by scholars and officials from the enlarged EU, the contributions look at the conditions and modalities of accession and at the impact of enlargement on EU institutions and policies. This volume is a useful reference for anyone interested in enlargement as such but it also provides a valuable background to the current constitutional reform of the EU.
This book seeks to comprehend the evolving nature of the European Union following the fall of the Berlin Wall and the failure of the European Constitution. Its prime focus is the last wave of enlargement that has profoundly transformed the EU. Although there are many parallels between the European integration process and state building processes, the Union is nothing like a Westphalian super state. The new emerging polity resembles a kind of neo-medieval empire with a polycentric system of government, multiple and overlapping jurisdictions, striking cultural and economic heterogeneity, fuzzy borders, and divided sovereignty. The book tries to spell out the origin, the shape, and the implications of this empire. The aim of this book is to suggest a novel way of thinking about the European Union and the process of European integration. The book shows 'two Europes' coming together following the end of the cold war. It proposes a system of economic and democratic governance that meets the ever greater challenges of modernization, interdependence, and globalization. It identifies the most plausible scenario of promoting peaceful change in Europe and beyond. The author argues that mainstream thinking about European integration is based on mistaken statist assumptions and suggests more effective and legitimate ways of governing Europe than through adoption of a European Constitution, creation of a European army, or introduction of a European social model. The book covers many fields from politics, and economics to foreign affairs and security. It analyzes developments in both Eastern and Western Europe. It also gives ample room to both theoretical and empirical considerations.
The Many Constitutions of Europe by Suvi Sankari,Professor Kaarlo Tuori Pdf
This volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. The book combines diverse disciplinary approaches to the constitutional debate. It brings together complementing contributions from scholars of European politics, economics, and sociology, as well as established scholars from various fields of law. Moreover, it provides analytical clarity to the discussion and combines theory with more practical and critical approaches that make use of the constitutional toolbox in analysing the tensions between the different constitutions. The collection is a valuable point of reference not only for scholars interested in European studies but also for graduate and post-graduate students.
The Worlds of European Constitutionalism by De Burca, Grainne De Burca,Joseph Weiler Pdf
The issue of constitutional authority, and more particularly the plurality of claims to legal and constitutional authority, has been a dominant theme of European Union legal scholarship in recent years. The resonance of the topic is evident in many of the major EU developments of the past decade: the momentous eastwards enlargement, the gambit of the un-ratified Constitutional Treaty; the growing number of national constitutional court challenges to EU authority claims; the likely EU accession to the European Convention on Human Rights; and finally the rulings of the European Court of Justice on the relationship of EU law to the international legal order"
