Eu Enlargement The Constitutional Impact At Eu And At National Level

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EU Enlargement:The Constitutional Impact at EU and at National Level

Alfred Kellermann
EU Enlargement The Constitutional Impact at EU and at National Level Book PDF

Author : Alfred Kellermann
Publisher : T.M.C. Asser Press
Page : 604 pages
File Size : 45,8 Mb
Release : 2001-08-15
Category : Law
ISBN : 9067041327

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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.

EU Enlargement and the Constitutions of Central and Eastern Europe

Anneli Albi
EU Enlargement and the Constitutions of Central and Eastern Europe Book PDF

Author : Anneli Albi
Publisher : Cambridge University Press
Page : 304 pages
File Size : 41,5 Mb
Release : 2005-06-30
Category : Law
ISBN : 1139446150

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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.

EU Enlargement

Christophe Hillion
EU Enlargement Book PDF

Author : Christophe Hillion
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 49,8 Mb
Release : 2004-07-01
Category : Law
ISBN : 9781847310682

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EU Enlargement by Christophe Hillion Pdf

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.

Constitutionalism and the Enlargement of Europe

Wojciech Sadurski
Constitutionalism and the Enlargement of Europe Book PDF

Author : Wojciech Sadurski
Publisher : OUP Oxford
Page : 403 pages
File Size : 44,7 Mb
Release : 2012-07-26
Category : Law
ISBN : 9780191631085

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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.

From Soviet Republics to EU Member States

Peter Van Elsuwege
From Soviet Republics to EU Member States Book PDF

Author : Peter Van Elsuwege
Publisher : BRILL
Page : 621 pages
File Size : 51,8 Mb
Release : 2008
Category : Baltic States
ISBN : 9789004169456

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From Soviet Republics to EU Member States by Peter Van Elsuwege Pdf

This book offers a comprehensive analysis of the legal and political challenges surrounding the EU accession of the Baltic States. It examines the impact of EU enlargement on relations with Russia and on the constitutional development of the countries concerned.

Enlargement of the European Union

Allan F. Tatham
Enlargement of the European Union Book PDF

Author : Allan F. Tatham
Publisher : Kluwer Law International B.V.
Page : 594 pages
File Size : 40,5 Mb
Release : 2009-01-26
Category : Law
ISBN : 9789041144355

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Enlargement of the European Union by Allan F. Tatham Pdf

The development of EU enlargement has raised many thorny issues unanticipated by the framers of the EC Treaty. A significant upshot of these issues is that the concept of European identity – defined in terms of such factors as culture, history and economics – has supplanted the long-dominant theme of ‘widening and deepening,’ particularly since the Union’s expansion has become primarily eastward. The major contribution of this important book lies in its analysis of the conceptualization and perception of enlargement from various points of view, focusing on the concerns of stakeholders and the ‘identity’ conflicts and uncertainties incurred by enlargement initiatives. In the course of its presentation, it details the actual pre-accession Europeanization process and its complex history. Among the key elements discussed are the following: the conflict between ‘widening’ and ‘deepening’ and the effect on EU institutional reform; institutional requirements on candidate countries; pre-accession criteria and negotiations; administrative capacity, judicial capacity, and legal approximation in accession states; capacity of the EU to absorb new Member States; and EC law as part of European identity. Also covered are specific historical details of particular pre-accession negotiations (e.g., Greece, Spain, Portugal, Malta, and Cyprus), the still inconclusive negotiations with Turkey and the Western Balkan states, and political factors involved in the non-accession of Norway, Iceland and Switzerland. Assembling powerful evidence and applying incisive analysis, the author’s conclusion shows that, absent further (and major) EU institutional reform, it will be difficult for an enlarging Union to continue to ‘deliver the goods.’ A watershed in the continuing great debate on the fulfilment of the EC Treaty’s determination to foster and promote ‘an ever closer union of the peoples of Europe,’ this book will prove invaluable to anybody interested in the European integration project, particularly lawyers, academics, officials and policymakers in the EU Member States.

European Union Enlargement

Nanette Neuwahl
European Union Enlargement Book PDF

Author : Nanette Neuwahl
Publisher : Éditions Thémis
Page : 330 pages
File Size : 41,7 Mb
Release : 2004
Category : Constitutional law
ISBN : STANFORD:36105063716711

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European Union Enlargement by Nanette Neuwahl Pdf

The unification of Europe became a fact in April 2003, when the European Union decided to admit 10 new members. The scope of this expansion is unique in the EU's history and brings with it unprecedented challenges in terms of the numbers of the people involved, the social and cultural differences between the states that are concerned, as well as in their geostrategic importance and interests. It is amazing, especially in the light of the simultaneous proposals for the deepening of the European Union, that support for this enlargement of the EU, enlargement in a historical obligation rather that a calculated risk. Some of the more important ramifications of this momentous change are dealt with in the book with the aim of clarifying the significance, the extent and the costs of the coming changes in the EU.

Europe in 12 Lessons

Pascal Fontaine
Europe in 12 Lessons Book PDF

Author : Pascal Fontaine
Publisher : Unknown
Page : 106 pages
File Size : 47,6 Mb
Release : 2018
Category : Electronic
ISBN : 9279715623

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Europe in 12 Lessons by Pascal Fontaine Pdf

What purpose does the EU serve? Why and how was it set up? How does it work? What has it already achieved for its citizens, and what new challenges does it face today? In a globalised world, can the EU compete successfully with other major economies while maintaining its social standards? How can immigration be managed? What will Europe’s role be on the world stage in the years ahead? Where will the EU’s boundaries be drawn? And what future is there for the euro? These are just some of the questions explored by EU expert Pascal Fontaine in this 2017 edition of his popular booklet Europe in 12 lessons. Pascal Fontaine is a former assistant to Jean Monnet and former professor at the Institut d’Études Politiques, Paris.

EU Enlargement and the Failure of Conditionality

Dimitry Kochenov
EU Enlargement and the Failure of Conditionality Book PDF

Author : Dimitry Kochenov
Publisher : Kluwer Law International B.V.
Page : 402 pages
File Size : 49,6 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041126962

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EU Enlargement and the Failure of Conditionality by Dimitry Kochenov Pdf

Among the criteria for accession to the European Union are democracy and the Rule of Law. In the insightful analysis offered by the author of this book, these concepts - while admirable and even necessary criteria in principle - are almost impossible to measure, and any judgement grounded in them will always be difficult to justify. In his words, 'by including analysis of democracy and the Rule of Law within the field of the EU enlargement law, the Union entered an unstable terrain of vague causal connections and blurred definitions.' Dr Kochenov addresses this problem by proceeding as follows: 1. Outlining EU enlargement law in general, including the principle of conditionality and the role played by the analysis of democracy and the Rule of Law in enlargement preparation; 2. Focusing on the role actually played by the monitoring of democracy and the Rule of Law in ten candidate countries, scrutinizing the way the EU used the legal tools and competences outlined in its enlargement law. The book adopts the EU's own understanding of democracy and the Rule of Law, as derived directly from the substance of the numerous legal and political instruments issued by the Community Institutions and especially the Commission in the course of the pre-accession process. In this way it demonstrates the actual - as opposed to the officially announced - role played by the assessment of democracy and the Rule of Law in the candidate countries in the regulation of enlargement. Many formidable inconsistencies in the application of the conditionality principle are thus laid bare. This leads the author to a series of recommendations on policy and procedure that he demonstrates could be profitably applied to the regulation of current and future accessions, using the Commission's own structure of monitoring pre-accession reforms in the three areas of the legislature, executive, and judiciary in candidate countries. The probity and soundness of these recommendations, firmly grounded as they are in the actual pre-accession monitoring and its consequences for the pre-accession progress of ten Eastern European countries admitted to the EU in 2004 and 2007, will greatly interest policymakers and scholars concerned with the future of European integration.

The Politics of Crisis in Europe

Mai'a K. Davis Cross
The Politics of Crisis in Europe Book PDF

Author : Mai'a K. Davis Cross
Publisher : Cambridge University Press
Page : 259 pages
File Size : 54,6 Mb
Release : 2017-03-02
Category : Political Science
ISBN : 9781108184113

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The Politics of Crisis in Europe by Mai'a K. Davis Cross Pdf

The Politics of Crisis in Europe explores the resilience of the European Union in the face of repeated crises perceived to threaten its very existence. While it is often observed after the fact that these crises serve as opportunities for integration, this is the first critical analysis to suggest that we cannot fully understand the nature and severity of these crises without recognising the role of societal reaction to events and the nature of social narratives about crisis, especially those advanced by the media. Through a close examination of the 2003 Iraq crisis, the 2005 constitutional crisis, and the 2010–12 Eurozone crisis, this book identifies a pattern across these episodes, demonstrating how narratives about crises provide the means to openly air underlying societal tensions that would otherwise remain under the surface, impeding further integration.

Law and Governance in an Enlarged European Union

George A. Bermann,Katharina Pistor
Law and Governance in an Enlarged European Union Book PDF

Author : George A. Bermann,Katharina Pistor
Publisher : Hart Publishing
Page : 531 pages
File Size : 45,9 Mb
Release : 2004-11
Category : Law
ISBN : 9781841134260

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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.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

Anneli Albi,Samo Bardutzky
National Constitutions in European and Global Governance Democracy Rights the Rule of Law Book PDF

Author : Anneli Albi,Samo Bardutzky
Publisher : Springer
Page : 1522 pages
File Size : 53,6 Mb
Release : 2019-05-29
Category : Law
ISBN : 9789462652736

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National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by Anneli Albi,Samo Bardutzky Pdf

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

A Constitutional Order of States?

Anthony Arnull,Catherine Barnard,Michael Dougan,Eleanor Spaventa
A Constitutional Order of States Book PDF

Author : Anthony Arnull,Catherine Barnard,Michael Dougan,Eleanor Spaventa
Publisher : Bloomsbury Publishing
Page : 688 pages
File Size : 49,7 Mb
Release : 2011-03-03
Category : Law
ISBN : 9781847316363

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A Constitutional Order of States? by Anthony Arnull,Catherine Barnard,Michael Dougan,Eleanor Spaventa Pdf

This collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration into, the national legal systems. On the other hand, it remains an organisation of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners, officials and academics. They consider the foundations, strengths, implications and shortcomings of this conceptual framework in various fields of EU law and policy. The collection is an essential purchase for anyone interested in the constitutional framework of the contemporary European Union.

Yearbook of European Law 2010

Piet Eeckhout,Takis Tridimas
Yearbook of European Law 2010 Book PDF

Author : Piet Eeckhout,Takis Tridimas
Publisher : Yearbook of European Law
Page : 603 pages
File Size : 45,6 Mb
Release : 2011-01-30
Category : Law
ISBN : 9780199602599

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Yearbook of European Law 2010 by Piet Eeckhout,Takis Tridimas Pdf

Transition to Journals From Volume 29, the Yearbook of European Law will be available as online only, print only, or combined print and online subscriptions from Oxford Journals. The Yearbook of European Law archive is available immediately from January 2011. Customers wishing to take out a subscription can do so by clicking through to the yearbook's journal page: http://yel.oxfordjournals.org/ Yearbook of European Law will benefit from a number of additional features made possible by online publication: Publish ahead of print - Articles will appear online throughout the year, granting subscribers immediate access to the latest developments in both HTML and PDF formats, without needing to wait for the print volume Email alerts - Anyone can sign up to receive Yearbook of European Law content alerts - both of the annual volume and of content published throughout the year Searchable archive - The entire archive back to 1996 will be made available to Yearbook of European Law subscribers Now in its 29th year, theYearbook of European Law is one of the most highly respected periodicals in the field. Featuring extended essays from leading scholars and practitioners, the Yearbook is an essential resource for all involved in European legal research and practice.

Constitutional Dynamics in Federal Systems

Michael Burgess,George Alan Tarr
Constitutional Dynamics in Federal Systems Book PDF

Author : Michael Burgess,George Alan Tarr
Publisher : McGill-Queen's Press - MQUP
Page : 353 pages
File Size : 49,8 Mb
Release : 2012
Category : Law
ISBN : 9780773539549

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Constitutional Dynamics in Federal Systems by Michael Burgess,George Alan Tarr Pdf

How sub-national constitutions influence constitutional change and adaptation in federations.