The Constitution For Europe

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The European Constitution

Author : Giuliano Amato
Publisher : Edward Elgar Publishing
Page : 329 pages
File Size : 40,8 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781847206787

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The European Constitution by Giuliano Amato Pdf

'I can enthusiastically recommend and endorse this book. It serves the very important purpose of collecting key documents together in an elegant and accessible text. There currently exists a huge proliferation of material on the EU Constitution this volume makes a very wise selection of this profusion, compiling it into a manageable and informative whole. Nine chapters deal with the most significant matters concerning the Constitution. A short but well written introduction at the start of each chapter precedes following extracts. Part of the value of this book lies in the fact that it includes translations of some important documents which are difficult, or impossible, to access in English for example, recent decisions of national courts concerning the European Arrest Warrant. All in all, this work is a comprehensive, but not overwhelmingly large, collection of materials on the EU Constitution, and it will prove extremely valuable to all those working within this area of law. By presenting the Constitution, the background to the Constitution, and the issues it deals with, in this clear and informative way, it will shed new light upon, and help all of us to form our own judgements on, the EU Constitution, and its importance to our lives.' Sionaidh Douglas-Scott, King's College London, UK 'Whatever the ultimate fate of the EU's Constitutional Treaty, both the events which led to its conclusion and those which occurred afterwards during its ill-fated ratification process have profoundly shaped the future of the European Union as a constitutional project. This collection of materials offers an invaluable set of resources for understanding these events, in their widest legal and political context. The text will be useful to all those who seek to understand both why the EU has reached such a turning point, and where it might go in the future.' Jo Shaw, Edinburgh Law School, UK This book offers a selection of materials that enable a better understanding of some of the most important changes that would be introduced by the Treaty establishing a Constitution for Europe in the EU legal and political system. It also helps to assess the need for the reforms embedded in the Constitutional Treaty as well as the quality of the formulations agreed upon by the signatory Member States. The book includes excerpts of the European Convention's work, selected statutory and constitutional provisions of the Member States, and also related passages from pertinent court decisions from both European courts as well as Member States' constitutional courts. Institutional and doctrinal analyses and relevant excerpts from the Constitutional Treaty itself are also included. Many of these documents directly relate to the provisions of the Constitutional Treaty, while the others, although not directly related, are nevertheless relevant to the debate surrounding it. The European Constitution, by two of the best experts on the Constitution for Europe, will be of great interest to researchers and teachers in the fields of European Law and European politics, and also to policy makers in European affairs.

The Constitution for Europe

Author : Jean-Claude Piris
Publisher : Cambridge University Press
Page : 300 pages
File Size : 40,8 Mb
Release : 2006-03-30
Category : Law
ISBN : 0521682185

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The Constitution for Europe by Jean-Claude Piris Pdf

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The Constitution of Europe

Author : Joseph Weiler
Publisher : Cambridge University Press
Page : 384 pages
File Size : 50,6 Mb
Release : 1999-02-25
Category : Law
ISBN : 0521585678

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The Constitution of Europe by Joseph Weiler Pdf

Joseph Weiler presents essays written during the 1990s on issues related to European constitutional law. In a series of highly accessible discussions concerning the legal framework of the European Communities and the European Union, Professor Weiler describes the gradual strengthening of transnational European institutions at the expense of national legislators. Although individuals as legal consumers have been empowered by Community law, he writes, this has been at the expense of their rights as citizens. The Constitution of Europe thus provides from a legal perspective a balanced and authoritative critique of the attractions and demerits of the goal of European integration.

The Constitution for Europe

Author : Marcel Kielhorn
Publisher : LIT Verlag Münster
Page : 142 pages
File Size : 50,6 Mb
Release : 2005
Category : Political Science
ISBN : 3825887561

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The Constitution for Europe by Marcel Kielhorn Pdf

A Constitution for Europe: Why do we need it? Is it really better than the current treaty-based system? Which difficulties faces the ratification process? This book answers these questions and provides an analysis of the Treaty establishing a Constitution for Europe. It visualizes the huge importance of the document for a working EU, emphasizes the prospects of a really unified continent and shows that Europe as well as the EU stands at the crossroads of its future fate. Hopefully, its politicians and people do not decide to turn into a blind alley.

The Constitution of European Democracy

Author : Dieter Grimm
Publisher : Oxford University Press
Page : 273 pages
File Size : 49,6 Mb
Release : 2017
Category : Law
ISBN : 9780198805120

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The Constitution of European Democracy by Dieter Grimm Pdf

Europe is in crisis. With rising unrest among citizens of EU member states exemplified by the UK's decision to leave the EU, and the growing popularity of anti-EU political parties, Dieter Grimm presents the argument that Europe has to change its method of further integration or risks failure. This book, containing essays many of which have not been published in the English language to date, explores how the EU has become over-constitutionalized. Grimm argues that this has left the EU with a democratic deficit leading to the alienation of citizens. This book highlights Europe's democracy problem. The most prominent argument running throughout is that the EU and its decision-making processes have become over-constitutionalized. This is due to the constitutionalization of European treaties, which has occurred by raising them to the eminence of a constitution as a result of the jurisprudence of the European Court of Justice. However, the treaties contain provisions that would be ordinary law in member states. The fact that they enjoy constitutional status in Europe detaches them from the democratic processes in the member states and the EU itself, and contributes to the growing independence of the EU's executive and judicial institutions.--

The Making of a European Constitution

Author : Sonja Puntscher Riekmann,Wolfgang Wessels
Publisher : Springer Science & Business Media
Page : 263 pages
File Size : 53,5 Mb
Release : 2007-08-19
Category : Political Science
ISBN : 9783531900957

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The Making of a European Constitution by Sonja Puntscher Riekmann,Wolfgang Wessels Pdf

The aim of this publication is an analysis of the process of European constitutionalisation and its entanglement with relevant national discourses. Thus, national constitutional traditions in Austria, France, Germany and the United Kingdom are evaluated with regard to the positions of the respective national representatives in the European Convention. Interviews with Members of National Parliaments and of the European Parliament as well as a content analysis of the debate on the future of Europe in print media form the empirical basis of this study.

The EU Constitution

Author : Gráinne De Búrca (jurist.)
Publisher : Unknown
Page : 38 pages
File Size : 54,6 Mb
Release : 2005
Category : Law
ISBN : UOM:39015062418366

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The EU Constitution by Gráinne De Búrca (jurist.) Pdf

Based on a lecture presented by the author, this book analyzes how the treaty establishing a constitution for Europe adds to Europe's search for an international identity. De B�°rca submits that the boldest of the novel features of the new constitution, and the weight of significance of the changes which it has introduced, lie in the external domain. She launches the challenging question whether the emphasis on Europe's "global role" and its international identity will be the factor that ultimately will be capable of triggering the public imagination in such a way as to generate sufficient support for the ratification of the constitution and-in the long term-to generate a sense of European solidarity, rather than the internally focussed changes brought about by the constitutional treaty.

Policy-Making Processes and the European Constitution

Author : Thomas König,Simon Hug
Publisher : Routledge
Page : 341 pages
File Size : 42,5 Mb
Release : 2006-09-27
Category : Political Science
ISBN : 9781134173358

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Policy-Making Processes and the European Constitution by Thomas König,Simon Hug Pdf

This new volume presents a wealth of fresh data documenting and analyzing the different positions taken by governments in the development of the European Constitution. It examines how such decisions have substantial effects on the sovereignty of nation states and on the lives of citizens, independent of the ratification of a constitution. Few efforts have been made to document constitution building in a systematic and comparative manner, including the different steps and stages of this process. This book examines European Constitution-building by tracing the two-level policy formation process from the draft proposal of the European Convention until the Intergovernmental Conference, which finally adopted the document on the Constitution in June 2004. Following a tight comparative framework, it sheds light on reactions to the proposed constitution in the domestic arena of all the actors involved. It includes a chapter on each of the original ten member states and the fifteen accession states, plus key chapters on the European Commission and European Parliament. This book will be of strong interest to scholars and researchers of European Union politics, comparative politics, and policy-making.

Europe's Second Constitution

Author : Markus W. Gehring
Publisher : Cambridge University Press
Page : 439 pages
File Size : 45,7 Mb
Release : 2020-09-24
Category : Law
ISBN : 9781108487962

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Europe's Second Constitution by Markus W. Gehring Pdf

European constitutionalisation has met with scepticism - this book analyses the steps necessary to move to EU's 'Second Constitution'.

Political Theory and the European Constitution

Author : Lynn Dobson,Andreas Follesdal
Publisher : Routledge
Page : 256 pages
File Size : 55,6 Mb
Release : 2004-08-02
Category : Political Science
ISBN : 9781134297047

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Political Theory and the European Constitution by Lynn Dobson,Andreas Follesdal Pdf

In June 2003, the Convention on the Future of Europe released what may become the Constitution of the European Union. This timely volume provides one of the first critical assessments of the draft Constitution from the vantage point of political theory. The work combines detailed institutional analysis with normative political theory, bringing theoretical analysis to bear on the pressing issues of institutional design answered - or bypassed - by the draft Constitution. It addresses several themes that play out differently in federal arrangements than in unitary political orders: * European values, especially the legitimate role of alleged common values * liberty and powers - how does the draft Constitution address competing normative preferences? * the European interest: the noble words regarding common European objectives and values are often muddled or conflated, different actors intending quite different things. Several chapters contribute to clarifying the different senses of these terms.

The European Union and Its Constitution

Author : Laurent Pech
Publisher : Unknown
Page : 0 pages
File Size : 43,7 Mb
Release : 2008
Category : Constitutional law
ISBN : 1905536135

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The European Union and Its Constitution by Laurent Pech Pdf

The European Union and its Constitution explores the political and legal status of the EU and addresses a number of assumptions.

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

Author : Anneli Albi,Samo Bardutzky
Publisher : Springer
Page : 1522 pages
File Size : 52,5 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.

European Constitutionalism Beyond the State

Author : J. H. H. Weiler,Marlene Wind
Publisher : Cambridge University Press
Page : 256 pages
File Size : 42,9 Mb
Release : 2003-09-04
Category : Law
ISBN : 0521796717

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European Constitutionalism Beyond the State by J. H. H. Weiler,Marlene Wind Pdf

Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.

The Constitution for Europe and an Enlarging Union

Author : Kirstyn Inglis,Andrea Ott
Publisher : Europa Law Publishing
Page : 328 pages
File Size : 48,5 Mb
Release : 2005
Category : Law
ISBN : 9076871388

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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.

The Constitution's Gift

Author : John Erik Fossum,Agustín José Menéndez
Publisher : Rowman & Littlefield Publishers
Page : 316 pages
File Size : 40,7 Mb
Release : 2011-01-16
Category : Political Science
ISBN : 9781442208575

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The Constitution's Gift by John Erik Fossum,Agustín José Menéndez Pdf

This authoritative study considers all aspects of the European Union's distinctive constitution since its inception. A unique political animal, the EU has given rise to important constitutional conundrums and paradoxes that the authors explore in detail. Their analysis illuminates the distinctive features of the Union's pluralist constitutional construct and provides the tools to understand the Union's development, especially during the Laeken (2001–2005) and Lisbon (2007–2009) processes of constitutional reform and spells out the parallels between the European and the Canadian constitutional experiences. Offering the first history of European constitutional law that is both theoretically informed and normatively grounded, the authors have developed an original theory of constitutional synthesis that will be essential reading for all readers interested in the process and theory of European integration.