Download or read book Principles of European Constitutional Law written by Armin von Bogdandy and published by Bloomsbury Publishing. This book was released on 2009-12-03 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven

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 The European Constitution and National Constitutions written by Anneli Albi and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether the Constitutional Treaty will enter into effectand¿or the prospect of the EU having a constitutional text is pushed back to a much more distant future the ratification of an EU Constitution raises questions of fundamental importance from the point of view of national constitutional law. Whilst constitutions have traditionally been linked to states, more recent theories, such as post-national, multi-level, or intertwined constitutionalism, recognise the possibility for a constitution to exist in a non-state context. In this very valuable book, which focuses on the ratification of the European Constitutional Treaty, twenty-eight authorities in constitutional and EU law examine the extent to which such theories have made inroads in national constitutional thinking. The contributors examine the debates and official documents of the political institutions that have been involved in the ratification process in the Member States, as well as constitutional court decisions and scholarly discourse. They also cover a range of closely related issues, such as the amendment of national constitutions, ratification referendums, and the implications of the codification of the principle of primacy in the European Constitution. The book includes reports from 17 EU Member States, as well as a view from a candidate country, Croatia. These reports, along with other papers on the nature and content of the Constitutional Treaty, consider the following issues: the process and legal framework of ratification in each of the examined Member States; the novel category of constitutional treaty; constitutional elements in existing EC/EU treaties; types of constitutions and constitutionalism, and constitutions in non-state contexts; the implications of the primacy clause; ratification referendums; eurosceptic fears of the development of a super-state. The book is based on the proceedings of an international conference that was held in Tallinn, Estonia, in November 2005. By assessing the implications of the European Constitution from the perspective of national constitutional law, this book fills an important gap in the literature. It also makes a contribution to the emergence of a true European-wide constitutional debate, by providing both researchers and policy-makers with comparative information regarding the constitutional aspects of ratification in Member States. It will be of absorbing interest and value for years to come as the European constitutional debate continues.

Download or read book National Constitutions in European and Global Governance Democracy Rights the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Foreign Affairs and the EU Constitution written by Robert Schütze and published by Cambridge University Press. This book was released on 2014-10-16 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.

Download or read book The Making of a European Constitution written by Sonja Puntscher Riekmann and published by Springer Science & Business Media. This book was released on 2007-08-19 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The European Constitution Project from the Perspective of Constitutional Political Economy written by Lars P. Feld and published by . This book was released on 2004 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Social Rights and Market Freedom in the European Constitution written by Stefano Giubboni and published by Cambridge University Press. This book was released on 2006-01-12 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an account of the development of European labour and social security law as it interrelates with the evolution of market integration in the European Union. Giubboni presents, from a labour law perspective, a case study of the changes the European Community/European Union has undergone from its origins to the present day and of the ways these changes have affected the regulation of European Welfare States at national level. Drawing on the idea of 'embedded liberalism', Giubboni analyses the infiltration of EC competition and market law into national systems of labour and social security law and provides a normative framework for conceptualising the transformation of regulatory techniques implemented at the EU level. This important, interdisciplinary contribution to research in EU social law illustrates how the vision of social protection and solidarity is changing.

Download or read book The National Courts Mandate in the European Constitution written by Monica Claes and published by Bloomsbury Publishing. This book was released on 2006-03-31 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reform of the European Constitution continues to dominate news headlines and has provoked a massive debate, unprecedented in the history of EU law. Against this backdrop Monica Claes' book offers a "bottom up" view of how the Constitution might work, taking the viewpoint of the national courts as her starting point, and at the same time returning to fundamental principles in order to interrogate the myths of Community law. Adopting a broad, comparative approach, she analyses the basic doctrines of Community law from both national constitutional perspectives as well as the more usual European perspective. It is only by combining the perspectives of the EU and national constitutions, she argues, that a complete picture can be obtained, and a solid theoretical base (constitutional pluralism) developed. Her comparative analysis encompasses the law in France, Belgium, Denmark, the Netherlands, Germany, Ireland, Italy and the United Kingdom and in the course of her inquiry discusses a wide variety of prominent problems. The book is structured around three main themes, coinciding with three periods in the development of the judicial dialogue between the ECJ and the national courts. The first focuses on the ordinary non-constitutional national courts and how they have successfully adapted to the mandates developed by the ECJ in Simmenthal and Francovich. The second examines the constitutional and other review courts and discusses the gradual transformation of the ECJ into a constitutional court, and its relationship to the national constitutional courts. The contrast is marked; these courts are not specifically empowered by the case law of the ECJ and have reacted quite differently to the message from Luxembourg, leaving them apparently on collision course with the ECJ in the areas of judicial Kompetenz Kompetenz and fundamental rights. The third theme reprises the first two and places them in the context of the current debate on the Constitution for Europe and the Convention, taking the perspective of the national courts as the starting point for a wide-ranging examination of EU's constitutional fundamentals. In so doing it argues that the new Constitution must accommodate the national perspective if it is to prove effective.

Download or read book The Rise and Fall of the EU s Constitutional Treaty written by Finn Laursen and published by Martinus Nijhoff Publishers. This book was released on 2008-07-31 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book accounts for the content and negotiation of the EU's Constitutional Treaty of 2004 as well as the failure of ratification of the treaty in France and the Netherlands in 2005. It discusses the implications of the abandonment of the treaty for the process of European integration and our understanding of that process.

Download or read book Un Doing Europe written by Michał Krzyżanowski and published by Peter Lang. This book was released on 2007 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: After successive waves of «enlargement», the European Union has been struggling with political integration. The project of the «constitutionalisation» of the EU was therefore launched to cater to a growing need of institutional reform, but it also intensified debates about the underlying conceptions, norms and values of the European polity as well as the meanings and identities of entire Europe. This book approaches the ongoing legal and political re-construction of the EU through a focus on the Convention on the Future of Europe (2002-2003) which produced a draft of the EU's first constitution. The Convention is studied from a multidisciplinary perspective integrating approaches from ethnography of institutions, political sociology and linguistically-based discourse-analysis. Drawing on extensive fieldwork and multiple textual data, the book offers an inside perspective on the multitude of ways in which politics in supranational environments works in practice. The book also contributes to the ongoing research on the discursive (re-)negotiations of meanings of Europe and European integration in the institutions of the European Union.

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 National Sovereignty in the European Union written by Ondrej Hamuľák and published by Springer. This book was released on 2016-09-08 with total page 95 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assesses the implications of membership in the European Union for countries’ understanding of the concept of sovereignty, based on the perspective of the Czech Republic. The starting point of this work is acceptance of the Czech Republic’s membership in the European Union as a basic fact. The goal of the analysis presented here is to offer a theoretical approach to reconciling state sovereignty with the participation of the Czech Republic in the European integration project. To do so, the book pursues an in-depth analysis of the reactions of the Constitutional Court of the Czech Republic to the challenges associated with membership in the EU. Above all, it addresses the following two basic research questions:1. Is membership of the state in the European Union associated with a loss of sovereignty, a sharing of sovereignty, or does it have no real consequences for the scope or understanding of the concept of state sovereignty, such that the phenomenon remains a classical, static and defining element of the state?2. How does the Czech Constitutional Court deal with the specific characteristics of European Union law and what is its stance on the nature of the relationship between supranational and national law?

Download or read book Comparative Federalism written by Anand Menon and published by Oxford University Press, USA. This book was released on 2006-11-16 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative federalism is an important topic, with scholarly work comparing the US & EU 'proliferating rapidly'. This volume seeks to build on & contribute to this literature, by developing a systematic comparison of the institutions, policies & developmental patterns of the European Union & the United States.

Download or read book European Constitutionalism Beyond the State written by J. H. H. Weiler and published by Cambridge University Press. This book was released on 2003-09-04 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.

Download or read book The European Constitution written by Peter Beyer and published by . This book was released on 2003 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.