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Author : Markus W. Gehring
Publisher : Cambridge University Press
Page : 439 pages
File Size : 50,7 Mb
Release : 2020-09-24
Category : Law
ISBN : 9781108487962
European constitutionalisation has met with scepticism - this book analyses the steps necessary to move to EU's 'Second Constitution'.
Author : Union européenne des fédéralistes,European Federalists' Union
Publisher : Unknown
Page : 40 pages
File Size : 50,5 Mb
Release : 1952
Category : European federation
ISBN : IND:39000002166689
Author : Anneli Albi,Samo Bardutzky
Publisher : Springer
Page : 1522 pages
File Size : 53,8 Mb
Release : 2019-05-29
Category : Law
ISBN : 9789462652736
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.
Author : Giuliano Amato
Publisher : Edward Elgar Publishing
Page : 329 pages
File Size : 47,6 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781847206787
'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.
Author : Thomas König,Simon Hug
Publisher : Routledge
Page : 341 pages
File Size : 41,8 Mb
Release : 2006-09-27
Category : Political Science
ISBN : 9781134173358
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.
Author : Werner Weidenfeld
Publisher : Verlag Bertelsmann Stiftung
Page : 106 pages
File Size : 41,8 Mb
Release : 2010-07-30
Category : Political Science
ISBN : 9783867932448
The purpose of the European Constitution is to make the European Union more democratic and more accessible to its citizens, and to enable it to function more effectively. The burgeoning EU is no longer governable through the Treaties as they stand. Yet the document that politicians have hailed as "historic" is needlessly complicated, and virtually incomprehensible to ordinary people. This was one of the main reasons why the citizens of France and the Netherlands rejected the Constitution in their referenda. The European Constitution marks the starting point for a renewed debate about Europe. This book makes it easier to understand both the Constitution and the EU in general. Using accessible language, it guides the reader through the complicated subject matter step by step. Concise tables explain the genesis of the Constitution, its structure, the changes that it will bring about, and how decisions in the EU will be made in the years to come. Those who wish to play a part in shaping the future of Europe need to be familiar with the basic foundations of the European Union, and this demands an understanding of the European Constitution.
Author : Alexander H. Trechsel
Publisher : Routledge
Page : 190 pages
File Size : 47,7 Mb
Release : 2013-09-13
Category : Political Science
ISBN : 9781317998181
An excellent new analysis of federalism and the EU that investigates their mutual impact. It shows how scholars of comparative politics increasingly include the EU among their cases when investigating the impact of federalism on key issues such as policy making. The last decade saw a new wave of scholarly publications hit the shores as research on federalism and on the EU came together. These emerging strands of research genuinely enrich our understanding of the EU and its politics. Despite this recent wave, the topic of federalism and the EU is still extremely fruitful. This volume contributes to the continuing debate at a moment in time when the EU is undergoing profound changes. It is structured around four interrelated dimensions: the constitutional/theoretical dimension the institutional vision the party/citizens dimension the policy dimension. This structure allows the reader to consecutively "funnel down" from the more theoretical and abstract levels to the more concrete policy oriented level.
Author : Erik Oddvar Eriksen,John Erik Fossum,Agustín Menéndez
Publisher : Routledge
Page : 365 pages
File Size : 54,5 Mb
Release : 2004-08-02
Category : Political Science
ISBN : 9781134355143
The European Union is currently in the midst of a comprehensive process of reform and the aim of this book is to address the challenge of forging a legitimate Constitution for the EU. These authors clarify the constitutional status of the EU, to take stock of the European Charter of Fundamental Rights and Convention of the Future of Europe as vehicles to foster and create a European constitution.
Author : Clive H. Church,David Phinnemore
Publisher : Routledge
Page : 215 pages
File Size : 54,5 Mb
Release : 2005-11-16
Category : Political Science
ISBN : 9781134227686
The European Union is now entering a crucial phase as the ratification process accelerates and key debates and referenda take place in existing and potentially new member states. The Union’s Constitutional treaty is often cast as either a blueprint for a centralized and protectionist super-state or as the triumph of Anglo-Saxon economics. Yet it has been little read, particularly in the United Kingdom. This book puts this right by publishing the full text of the crucial first part of the document and showing that it does not justify either of the extreme interpretations imposed on it. Written by two experts of the treaties, Understanding the European Constitution sets the Constitutional Treaty in context, examining its main themes and content and considering the implications of any rejection. It does this in uncomplicated language and with the help of explanatory tables and a glossary. Those who wish to make a considered verdict on the basis of the facts will find it invaluable.
Author : Kimmo Kiljunen
Publisher : CEPS
Page : 180 pages
File Size : 43,6 Mb
Release : 2004
Category : Constitutional law
ISBN : 9290794933
Author : Richard Corbett,I. Méndez de Vigo,European Parliament
Publisher : Luxembourg? : Office for Official Publications of the European Communities
Page : 90 pages
File Size : 54,6 Mb
Release : 2005
Category : Law
ISBN : STANFORD:36105121858125
The European Parliament adopted the report by Richard Corbett and Iñigo Méndez de Vigo on 12 January 2005 by 500 votes to 137, with 40 abstentions: it has approved the treaty establishing a Constitution for Europe and "wholeheartedly supports its ratification".
Author : Suvi Sankari,Professor Kaarlo Tuori
Publisher : Ashgate Publishing, Ltd.
Page : 407 pages
File Size : 52,5 Mb
Release : 2013-02-28
Category : Law
ISBN : 9781409497295
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.
Author : Michael Gehler
Publisher : Böhlau Verlag Wien
Page : 576 pages
File Size : 41,5 Mb
Release : 2005
Category : Constitutional history
ISBN : 3205773594
This volume represents a historical comparison of the American and the EU European constitutional experiences and lessons to be derived therefrom for the present time. It is designed to deepen the understanding of the historical and political dimensions of constitutional designs and practises on two continents. Hopefully, such historical depth charts will expand the horizon of debates among experts and decision-makers. The first part concentrates on the historical dimension. It deals with the experiences and perceptions of basic American political principles, developments of international and humanitarian law, and the historical dimension of constitutional debates. The second part of the book aims at culling potential lessons from the American constitutional experience and the remarkable longevity of the U.S. constitution. Additional chapters concentrate on specific aspects and elements of the European constitutional debate (courts of law, human rights, minority protections, as well as gender equality). Still other contributions focus on the historical context of the recent European Constitutional Convention. Chapters on writing a European 'bill of rights', the EU reform debates of the 1990s, and finally an analysis of the Brussels Constitutional Summit of June 2004 are also included. The spillover effects of the economic and monetary union on the constitutional debates are covered here, as well as Asian perceptions of European integration. Practitioners and scholars address in this volume historical, political and diplomatic dimensions and achievements in the process of European constitution making and ist chances of success in the future. Finally, the current tensions in the Atlantic world are analysed and what they may portend for the future of European Union security options.
Author : NW Barber,Maria Cahill,Richard Ekins
Publisher : Bloomsbury Publishing
Page : 248 pages
File Size : 54,8 Mb
Release : 2019-01-10
Category : Law
ISBN : 9781509911004
The Draft European Constitution was arguably both an attempt to constitutionalise the Union, re-framing that project in the language of the state, and an attempt to stretch the boundaries of constitutionalism itself, re-imagining that concept to accommodate the sui generis European Union. The (partial) failure of this project is the subject of this collection of essays. The collection brings together leading EU constitutional scholars to consider, with the benefit of hindsight, the purportedly constitutional character of the proposed Constitutional Treaty, the reasons for its rejection by voters in France and the Netherlands, the ongoing implications of this episode for the European project, and the lessons it teaches us about what constitutionalism really means.
Author : Lynn Dobson,Andreas Follesdal
Publisher : Routledge
Page : 256 pages
File Size : 40,6 Mb
Release : 2004-08-02
Category : Political Science
ISBN : 9781134297047
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.
