Download or read book Constitutional Law of 10 EU Member States written by Wim Voermans and published by Kluwer Law International. This book was released on 2006 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt: Continues the scope of Constitutional law of 15 EU member states (2004) with coverage of the ten member states added to the EU since that publication.
Download or read book Constitutional Law of 15 EU Member States written by Hans van den Brandhof and published by . This book was released on 2004 with total page 979 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The European Constitution written by Giuliano Amato and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.
Download or read book EU Constitutional Law written by Koen Lenaerts and published by Oxford University Press. This book was released on 2022-01-16 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.
Download or read book Constitutional Law of the EU Member States written by Bogusław Banaszak and published by . This book was released on 2014 with total page 1765 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a description of the 28 constitutions and constitutional systems of the present EU Member States. It allows scholars, students and practitioners to learn about the 28 different constitutional systems and compare them.0Taking a fairly straightforward functional approach to constitutional law, a similar format has been chosen, addressing the most important topics expressed in the constitutions of the EU Member States: sources of constitutional law, form of state, form of government and political system, government powers and their limits, vertical division of powers, the judiciary, fundamental rights.
Download or read book EU Law and National Constitutions written by Alberto Nicòtina and published by Taylor & Francis. This book was released on 2023-12-04 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth guide to researchers and practitioners who are interested in analyzing the evolution of EU law from a national and comparative constitutional law perspective. The volume deals with questions of how EU Member States’ constitutional systems, including the subnational tier, interact with the supranational level. It maps the evolution over time of constitutional strategies in the face of multi-level governance and individuates contextual factors on an empirical basis. The volume includes twelve national reports written by leading experts in constitutional and EU law, and in political science. The countries discussed include the six founding Member States, together with a selection of Member States in which a clear-cut evolution in the national constitutional approach towards the EU can be observed. These include the Czech Republic, Denmark, Hungary, Poland, Portugal and the United Kingdom. The latter is included as an “extreme” case in which the change in constitutional strategy over time has resulted in withdrawing from the Union altogether. Taken together, the book assembles the building blocks of an explanatory theory of constitutional strategies in the face of multi-level governance. The volume will be of interest to students and researchers in comparative constitutional law, political science and multidisciplinary EU studies. It will also be a valuable resource for policy-makers.
Download or read book Constitutional Law of the European Union written by Koenraad Lenaerts and published by Sweet & Maxwell. This book was released on 2005 with total page 969 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of this acclaimed text provides a rigorous, high-level analysis of the constitutional law of the European Union. Its broad scope includes the institutional structure of the EU, its legal instruments, the main substantive principles underlying EU Law and the role of EU law in the domestic law of Member states. Incorporating detailed references and analysis of case law and literature, it combines useful content for students with detailed treatment of more complex legal issues arising in practice and in academic debate. New edition of a high level academic text renowned for its authority and clear discussion of complex principles Revised and updated to incorporate all recent developments in EU law, including the EU Constitution Easy to consult on complex issues - includes wide cross-referencing, new tables and diagrams, and a more detailed index
Download or read book European Constitutional Law written by Robert Schütze and published by Cambridge University Press. This book was released on 2012-04-05 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union has existed for over half a century. Having started as the 'Europe of the Six' in a specific industrial sector, the Union today has twenty-seven Member States and acts within almost all areas of social life. The Union's constitutional structures have evolved in parallel with this immense growth. Born as an international organisation, the Union has developed into a constitutional Union of States. This textbook analyses the constitutional law of the European Union after Lisbon in a clear and structured way. Examining the EU through a classic constitutional perspective, it explores all the central themes of the course: from the history and structure of the Union, the powers and procedures of its branches of government, to the rights and remedies of European citizens. A clear three-part structure and numerous illustrations will facilitate understanding. Critical and comprehensive, this is required reading for all students of European constitutional law.
Download or read book Limitations of National Sovereignty through European Integration written by Rainer Arnold and published by Springer. This book was released on 2016-02-25 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book considers the changes which national sovereignty has undergone through the supranational European integration. In various contributions by renowned academics and high judges demonstrate the serious impacts of supranationality on the EU member states and even on third countries which are connected with the EU by international treaties. It becomes clear that primacy of EU law, the most significant expression of supra-nationality, collides with national sovereignty as anchored in the national constitutions. The studies clearly show that most member states do not fully deny EU law primacy but are aware of the need to find an adequate balance between the supranational and the national orders. The result from the analyses of the authors from various European countries is that the upcoming constitutional paradigm is “constitutional identity”, a concept established by jurisprudence in Germany, France, Czech Republic (without being named so) and debated also in Poland which, herself, denies supranational impact on the national Constitution entirely. Studies on selected EU member states clarify the specific national approaches towards the limitations of their sovereignty as developed by the constitutional jurisprudence (Poland, Czech Republic, Hungary, Romania, Italy, Germany with comparative references to United Kingdom and France). It is illuminated that traditionally strong sovereignty concepts (UK, France) are considerably relativized and functionally opened towards the integration challenges. Basic issues are furthermore reflected, such as the supranational impact on the State’s power to reform its Constitution, the relation of national and constitutional identity and the national and supranational perspectives of identity. The book also includes Europe beyond the EU by research on the supranational character of association treaties (from a Ukrainian perspective) and on the Europeanization of a third country preparing EU membership (Albania).
Download or read book The Constitutional Law of the European Union written by James Dinnage and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the second edition was published in 2008, the Treaty of Lisbon has entered into force (December 1, 2009). Lisbon dramatically changed the constitutional structure of the European Union in many ways. As a result, the authors recast the structure of the book. This mainly involved creating a constitutional "template" (This is an entirely new Chapter 1) that reorganizes and simplifies the Treaty texts into a format that lends itself to a conceptual approach based on how we think of constitutions - government, competences, separation of powers, human rights. Chapter 2 then provides a high-level expansion of the provisions set out in the template, The rest of the book expands in detail on that template, introducing (in our view) a fundamentally new and absolutely unique perspective for students and practitioners alike: What the EU is, in terms of its membership, objectives, institutions and autonomous status (equates to the Preamble to the U.S. Constitution and the supremacy clause); the components of EU law (constitutional sources and legal acts of the Union); the Union legislature (describing the structure, procedures and powers of each of the relevant institutions); executive powers (describing the structure, procedures and powers of each of the relevant institutions); judicial powers (describing the structure, procedures and powers of each of the relevant institutions); the Union's competences; the limitations on the powers of the Member states to ensure the functioning of the internal market (where the case law is summarized, a necessary inclusion given that the actual treaty provisions on their own scarcely convey the true extent of the TFEU's reach in this regard); the position of the individual in relation to Union law (including fundamental rights and incorporation by reference of the Charter of Fundamental Rights); and relations between the Member States. A three-hole punched, alternative loose-leaf version of the hardbound book printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book is available.
Download or read book The European Union after Lisbon written by Hermann-Josef Blanke and published by Springer Science & Business Media. This book was released on 2011-10-12 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book contains 24 contributions from European law scholars and practitioners analysing the constitutional basis of the European Union and the normative orientation of the Common Foreign and Security Policy (CFSP) as well as the central economic and monetary provisions (TFEU) after the Reform Treaty of Lisbon. Presenting the findings of a European research team, which is composed of authors from eight Member States, the publication underlines the aspiration of the editors to thoroughly analyse the constitutional law of the European Union currently in force.
Download or read book The Convergence of the Fundamental Rights Protection in Europe written by Rainer Arnold and published by Springer. This book was released on 2016-04-05 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.
Download or read book EU Enlargement and the Constitutions of Central and Eastern Europe written by Anneli Albi and published by Cambridge University Press. This book was released on 2005-06-30 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Constitutional Law of 2 EU Member States written by Evgeni Tanchev and published by . This book was released on 2008 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Together the three volumes cover the constitutional law of all present Member States of the European Union. All of the volumes are based on the same format. Each chapter, written by one or two experts, starts with a sketch of the country's constitutional history as an indispensable background to a proper understanding of the relevant constitution as it operates today. The subsequent outline of the constitutional system deals with the sources of constitutional law, the head of state, the government, parliament, executive-legislative relationships, the legislative process, the parliamentary scrutiny of government activity, the electoral system, political parties, election results and governments, the judiciary, regional and local government, and fundamental rights. The chapters conclude with a short bibliography."--BOOK JACKET.
Download or read book Rule of Law Common Values and Illiberal Constitutionalism written by Tímea Drinóczi and published by Routledge. This book was released on 2020-09-08 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.
Download or read book The Constitution of European Democracy written by Dieter Grimm and published by Oxford University Press. This book was released on 2017-06-23 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 book also asserts that currently the EU does not have enough sources of legitimation to uphold itself, surviving solely on the legitimation provided by member states. One popular remedy is the suggestion of 'parliamentarization' of the EU, giving the European Parliament the powers typically possessed by national parliaments as a means of heightening its legitimation. This is criticized by Grimm as expanding the Parliament's powers would not change the effects of over-constiutionalization as the Parliament is inferior to the constitution. In order to reduce the EU's legitimacy deficit, Grimm makes several recommendations. The repoliticization of the decision-making processes, which can be achieved by reducing treaties to the capacity necessary for their constitutional function; the reinvigoration of European Parliament elections, by having 'Europeanized' parties to increase engagement with European society and give voters the opportunity to more immediately influence European politics; and a new division of powers based on subject matter to restrain European expansionism, reserving particular areas of policy to the responsibility of member states even if this affects the common market.
Download or read book The Emerging Constitutional Law of the European Union written by Adam Bodnar and published by Springer Science & Business Media. This book was released on 2003-07-22 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Young lawyers from different academic centres in Germany and Poland comment on the ongoing constitutional debate in the EU. Each of the more than 20 articles is dedicated to a specific theme, i.e. human rights, institutional design, current and future function of the EU, homogeneity and identity, security and defence policy, home policy and common values. Similarities as well as differences in the perspectives of an old EU Member State on the one hand and an EU Member State-to-be on the other hand are revealed.
