Download or read book The Unity of the European Constitution written by Philipp Dann and published by Springer Science & Business Media. This book was released on 2010-05-10 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book collects the contributions to a conference of a group of young Polish and German public law scholars on the Constitutional Law of the European Union. The articles present a multi-faceted examination of unity and its realization in the primary and constitutional law of the EU, an analysis of EU constitutional structure in the face of diversity, and the independence of EU law from international common law, among other topics.
Download or read book The Constitution for Europe and an Enlarging Union written by Kirstyn Inglis and published by Europa Law Publishing. This book was released on 2005 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Conditions of European Solidarity What holds Europe together written by Krzysztof Michalski and published by Central European University Press. This book was released on 2006-01-01 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book addresses contemporary developments in European identity politics as part of a larger historical trajectory of a common European identity based on the idea of 'solidarity.' The authors explain the special sense in which Europeans perceive their obligations to their less fortunate compatriots, to the new East European members, and to the world at large. An understanding of this notion of 'solidarity' is critical to understanding the specific European commitment to social justice and equality. The specificity of this term helps to distinguish between what the Germans call "social state" from the Anglo-Saxon, and particularly American, political and social system focused on capitalism and economic liberalism. This collection is the result of the work of an extremely distinguished group of scholars and politicians, invited by the previous President of the European Union, Romano Prodi, to reflect on some of the most important subjects affecting the future of Europe.
Download or read book Policy Making Processes and the European Constitution written by Thomas König and published by Routledge. This book was released on 2006-09-27 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention and the Rome and Brussels IGCs : a veto players analysis / George Tsebelis -- The European Convention : consensus without unity? / Thomas Kèonig, Andreas Warntjen and Simone Burkhart -- Austria : the coordination of the national position regarding the Constitution / Christine Arnold and Annemieke Burmeister -- Belgium, the Convention and the IGC : consensus and coalition politics / Christophe Crombez and Jan Lebbe -- Cyprus : under the shadow of the inter-communal conflict / Spyros Blavoukos and George Pagoulatos -- The Czech Republic : sitting on the fence / Tobias Schulz and Martina Chabreckova -- Denmark : the Nordic Model as an effort to bridge elite Euro-optimism and popular Euro-skepticism / Hartmut Lenz and Han Dorussen -- Estonia : a single voice in Europe's intergovernmental bargaining / Daniel Finke -- Finland : centralized consensus on EU constitution building / Daniel Finke and Thomas König -- France : The President takes all / Tobias Schulz -- Germany : the promoter of European integration? / Stephanie Daimer and Thomas König -- Greece : overcoming negative stereotyping / George Pagoulatos and Spyros Blavoukos -- Hungary : united in support, divided by borders / Anna Gwiazda and Kenneth Benoit -- Ireland : pragmatism and the EU constitution / Anna Gwiazda -- Italy : the presidency at work? / Tobias Schulz -- Latvia and the EU constitution : a pragmatic yes / Stephanie Daimer -- Lithuania : a priority for Europe / Stephanie Daimer -- Luxembourg, the Convention and the IGC : consensus and concern for its economy / Christophe Crombez and Jan Lebbe -- Malta : the importance of being unimportant / Spyros Blavoukos -- The Netherlands : domestic preference formation on the European Constitution / Christine Arnold, Madeleine O. Hosli and Paul Pennings -- Poland : the struggle for Nice / Anna Gwiazda -- Portugal : quest for a new role / Spyros Blavoukos and George Pagoulatos -- Slovakia : avoiding conflict to secure stability / Tobias Schulz and Martina Chabreckova -- Slovenia : consensus, integration and the protection of identity / Giacomo Benedetto -- Spain : preference formation and European constitution building / Raj S. Chari and Alfonso Egea-de Haro -- Sweden's third way toward the EU constitution : promoting social policies and safeguarding neutrality / Hartmut Lenz and Han Dorussen -- The United Kingdom : position taking and the protection of red lines / Giacomo Benedetto -- The Commission, the Convention and the IGC : consensus and concern for its role / Christophe Crombez and Jan Lebbe -- The European Parliament : consensus and coordination for enhanced powers / Giacomo Benedetto.
Download or read book The EU Constitution written by Gráinne De Búrca (jurist.) and published by . This book was released on 2005 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 BÃ?°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.
Download or read book Unity in Diversity written by Michael Herslund and published by CBS Press. This book was released on 2005 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The overall themes of this book are past and present changes in European cooperation. Two such changes were at the top of the agenda in the summer of 2004: the Eastern enlargement and the constitutional treaty. A way to interpret these changes is to look at them as manifestations of the two core concepts, 'diversity' and 'unity'. The combination of the concept of unity with the apparently contrasting notion of diversity - the two extremes of a scale seems to amount to a contradiction. But that is exactly the nature of European cooperation. How to overcome this contradiction and make it fruitful and productive is the challenge faced by the nations of Europe in the 21st Century. The different chapters address different aspects of this challenge: from the problems faced by new member states of Central Europe, via the long and tortuous road towards a common European constitution and popular Euro-scepticism, to the role of Europe in the world as mirrored by its relations with the United States of America. Enlargement and constitutional treaty are the two keywords of the European Union in the 21st century. And they incarnate the two notions of 'diversity' and 'unity'. They both constitute major changes in the architecture of the European Union. The first change - enlargement - is a major step towards the overall goal of uniting all of Europe, of making the map of the Union congruent with that of geographical Europe. What began as a mere economic cooperation between six West European countries now almost covers the whole continent from the Atlantic to the Russian border. The chapters are the written versions of six of the lectures given at an international summer university under the theme ""Europe and the European Union - a Scenario for the Future"", held at Copenhagen Business School. The seminar was organized as a cooperation between the Centre for the Study of Europe at CBS and the European Studies Program at Malm^ University under the auspices of the Oeresund University."
Download or read book Understanding the European Constitution written by Clive H. Church and published by Routledge. This book was released on 2005-11-16 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Treaty on European Union TEU written by Hermann-Josef Blanke and published by Springer Science & Business Media. This book was released on 2013-11-26 with total page 1821 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.
Download or read book Towards a European Constitution written by Union européenne des fédéralistes and published by . This book was released on 1952 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Fundamental Law of the European Union written by The Spinelli Group and published by Verlag Bertelsmann Stiftung. This book was released on 2013-10-24 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The financial crash and lengthy economic recession have tested the institutions of the European Union as never before. Debate about the future of Europe has polarized: Some want no more integration; others campaign for disintegration. Those who believe in deeper unity and a stronger federal Europe have yet to make their case. "A Fundamental Law" does that by offering a prospectus for radical reform. It amends the Lisbon Treaty to make the government of the EU more powerful and democratic. It embraces banking and fiscal union while showing the way forward to a legitimate settlement of Europe's constitutional dilemma. Ten years after the Convention on the Future of Europe proposed its constitutional treaty, the Spinelli Group of federalist MEPs has drafted comprehensive proposals for an ambitious new treaty. Anyone who wonders how a more united Europe should best be governed should read this. The members of the next Convention will.
Download or read book The Passivity of Law written by Luigi Corrias and published by Springer Science & Business Media. This book was released on 2011-04-14 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical roots of creation, legal constitution is understood as constitution in passivity. This leads to a whole new interpretation of the relationship between law and politics, rule following, authority, competences and European integration. From this perspective specific chapters in the case law of the European Court of Justice are reread and the logic behind the competence creep is unmasked. new back cover copy: Europe’s constitutional journey has not been a smooth one, and a better division and definition of competence in the European Union is a key issue that needs to be addressed. How can the division of competence be made more transparent? Does there need to be a reorganization of competence? How can it be ensured that the redefined division of competence will not lead to a creeping expansion of the competence of the Union or to encroachment upon the exclusive areas of competence of the Member States and, where there is provision, regions? And how can it be ensured that the European dynamic does not come to a halt? Indeed, has the creeping expansion of the competence of the Union already come to a halt? These are the questions this book explores. The Passivity of Law: Competence and Constitution in the European Court of Justice opens with a legal account of competence creep, including the role that the European Court of Justice plays in it and a sketch of the present division of competences and the main principles regulating it. It then discusses the relationship between constituent power and constituted or constitutional power from the viewpoint of the history of constitutional history before offering an alternative theory of their relationship, known as “chiastic theory,” which is based on the philosophical investigations of Merleau-Ponty. It details how chiastic theory can be used to make sense of the Court’s role in the competence creep in general and the doctrine of implied powers in particular, and it utilizes several case studies concerning competences to sustain this claim. Aimed at researchers and practitioners in Philosophy, Phenomenology, Political Science, the Social Sciences and numerous fields of law, this monograph is a seminal work in the evolving theory and practice of EU law.
Download or read book The Many Constitutions of Europe written by Suvi Sankari and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Unity in Adversity written by Charlotte O'Brien and published by Bloomsbury Publishing. This book was released on 2017-11-30 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'In this important contribution to the analysis and construction of European Union citizenship, Charlotte O'Brien provides her characteristic blend of rigorous legal scholarship and compelling social vision. She identifies challenging questions about the relationship between justice and vulnerability that should concern the shaping of law at all levels of governance.' Professor Niamh Nic Shuibhne, University of Edinburgh 'Piercing the veil of well-known proclamations of “equality” and “non-discrimination”, in this intimate portrait of Union law O'Brien sounds a sobering wake up call. The Union, to the genuine surprise of some converted, is a powerful actor of injustice, failing the vulnerable Europeans at many a turn, blinded by its own proclaimed righteousness and goodness to be aware of the plight of those it lets down. The sooner we dispel the oxymoronic myth of a “market citizen” as a necessary tool of the uniquely benevolent EU internal market project, the sooner the process of healing the Union turning its back on the majority of Europeans can begin. This book is an important part of this beginning.' Professor Dimitry Kochenov, University of Groningen 'Doctrinal mastery. Intellectual rigour. Conceptual depth. Empirical enrichment. O'Brien's landmark text offers its readers all of these qualities. But she also writes with a clarity and honesty of purpose that is an inspiration to her readers. Particularly at a time when certain political actors seek to vilify “expertise”, Unity in Adversity is a testament to the value of independent and critical academic research.' Professor Michael Dougan, University of Liverpool The EU is at a crossroads of constitution and conscience. Unity in Adversity argues that EU market citizenship is incompatible with a pursuit of social justice, because it contributes to the social exclusion of women and children, promotes a class-based conception of rights, and tolerates in-work poverty. The limitations of EU citizenship are clearest when EU nationals engage with national welfare systems, but this experience has been neglected in EU legal research. Unity in Adversity draws upon the ground-breaking EU Rights Project, working first hand with EU nationals in the UK, providing advice and advocacy, and giving ethnographic insight into the process of navigating EU and UK welfare law. Its study of EU law in action is a radical new approach, and the case studies illustrate the political, legal and administrative obstacles to justice faced by EU nationals. Taken together, the strands demonstrate that 'equal treatment' for EU nationals is an illusion. The UK's welfare reforms directed at EU nationals are analysed as a programme of declaratory discrimination, and in light of the subsequent referendum, should be treated as a cautionary tale – both to the EU, to take social justice seriously, and to other Member States, to steer away from xenophobic law-making. Shortlisted for the 2018 BBC Thinking Allowed Award for Ethnography. Shortlisted for the 2019 Hart-SLSA Book Prize.
Download or read book The Principle of Loyalty in EU Law written by Marcus Klamert and published by Oxford University Press. This book was released on 2014 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.
Download or read book Understanding the European Constitution written by Werner Weidenfeld and published by Verlag Bertelsmann Stiftung. This book was released on 2010-07-30 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
