The Constitution For Europe And An Enlarging Union
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The Constitution For Europe And An Enlarging Union
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Author : Kirstyn Inglis
language : en
Publisher: Europa Law Publishing
Release Date : 2005
The Constitution For Europe And An Enlarging Union written by Kirstyn Inglis and has been published by Europa Law Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
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.
Enlargement Of The European Union
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Author : Allan F. Tatham
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-26
Enlargement Of The European Union written by Allan F. Tatham and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-26 with Law categories.
The development of EU enlargement has raised many thorny issues unanticipated by the framers of the EC Treaty. A significant upshot of these issues is that the concept of European identity – defined in terms of such factors as culture, history and economics – has supplanted the long-dominant theme of ‘widening and deepening,’ particularly since the Union’s expansion has become primarily eastward. The major contribution of this important book lies in its analysis of the conceptualization and perception of enlargement from various points of view, focusing on the concerns of stakeholders and the ‘identity’ conflicts and uncertainties incurred by enlargement initiatives. In the course of its presentation, it details the actual pre-accession Europeanization process and its complex history. Among the key elements discussed are the following: the conflict between ‘widening’ and ‘deepening’ and the effect on EU institutional reform; institutional requirements on candidate countries; pre-accession criteria and negotiations; administrative capacity, judicial capacity, and legal approximation in accession states; capacity of the EU to absorb new Member States; and EC law as part of European identity. Also covered are specific historical details of particular pre-accession negotiations (e.g., Greece, Spain, Portugal, Malta, and Cyprus), the still inconclusive negotiations with Turkey and the Western Balkan states, and political factors involved in the non-accession of Norway, Iceland and Switzerland. Assembling powerful evidence and applying incisive analysis, the author’s conclusion shows that, absent further (and major) EU institutional reform, it will be difficult for an enlarging Union to continue to ‘deliver the goods.’ A watershed in the continuing great debate on the fulfilment of the EC Treaty’s determination to foster and promote ‘an ever closer union of the peoples of Europe,’ this book will prove invaluable to anybody interested in the European integration project, particularly lawyers, academics, officials and policymakers in the EU Member States.
Eu Enlargement And The Constitutions Of Central And Eastern Europe
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Author : Anneli Albi
language : en
Publisher: Cambridge University Press
Release Date : 2005-06-30
Eu Enlargement And The Constitutions Of Central And Eastern Europe written by Anneli Albi and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-06-30 with Law categories.
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.
Europe As Empire
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Author : Jan Zielonka
language : en
Publisher: OUP Oxford
Release Date : 2006-04-07
Europe As Empire written by Jan Zielonka and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-04-07 with Political Science categories.
This book seeks to comprehend the evolving nature of the European Union following the fall of the Berlin Wall and the failure of the European Constitution. Its prime focus is the last wave of enlargement that has profoundly transformed the EU. Although there are many parallels between the European integration process and state building processes, the Union is nothing like a Westphalian super state. The new emerging polity resembles a kind of neo-medieval empire with a polycentric system of government, multiple and overlapping jurisdictions, striking cultural and economic heterogeneity, fuzzy borders, and divided sovereignty. The book tries to spell out the origin, the shape, and the implications of this empire. The aim of this book is to suggest a novel way of thinking about the European Union and the process of European integration. The book shows 'two Europes' coming together following the end of the cold war. It proposes a system of economic and democratic governance that meets the ever greater challenges of modernization, interdependence, and globalization. It identifies the most plausible scenario of promoting peaceful change in Europe and beyond. The author argues that mainstream thinking about European integration is based on mistaken statist assumptions and suggests more effective and legitimate ways of governing Europe than through adoption of a European Constitution, creation of a European army, or introduction of a European social model. The book covers many fields from politics, and economics to foreign affairs and security. It analyzes developments in both Eastern and Western Europe. It also gives ample room to both theoretical and empirical considerations.
Law And Governance In An Enlarged European Union
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Author : George A. Bermann
language : en
Publisher: Hart Publishing
Release Date : 2004-11
Law And Governance In An Enlarged European Union written by George A. Bermann and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-11 with Law categories.
This book's principal aim is to critically address the institutional and substantive legal issues resulting from European enlargement, chiefly those relating to the legal foundations on which the enlarged Union is being built. The accession of new Member States creates the potential for a stronger and more powerful Europe. Realising this potential, however, will depend on the ability of the EU to develop functional and effective governance structures, both at the European level and at the level of the individual Member States. While the acquis communautaire will ensure that formal laws in the new Member States will be aligned with those of existing members, the question remains as to how effective institutions will be in implementing changes, and what effects the imposed changes will have on the legitimacy of the new legal framework. This book, containing the work of leading scholars in law and social sciences, examines the current and future legal framework for EU governance, and the role that new members will - or will not - play in the creation of that framework, paying particular attention to the specific challenges membership in the EU poses to the acceding states of Central and Eastern Europe. It is a book which will contribute to and influence debates over constitutionalism and legal harmonisation in the EU.
Spreading Democracy And The Rule Of Law
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Author : Wojciech Sadurski
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-07-30
Spreading Democracy And The Rule Of Law written by Wojciech Sadurski and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-30 with Law categories.
The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?
The Constitution For Europe
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Author : Marcel Kielhorn
language : en
Publisher: LIT Verlag Münster
Release Date : 2005
The Constitution For Europe written by Marcel Kielhorn and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Political Science categories.
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.
Eu Enlargement The Constitutional Impact At Eu And At National Level
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Author : Alfred Kellermann
language : en
Publisher: T.M.C. Asser Press
Release Date : 2001-08-15
Eu Enlargement The Constitutional Impact At Eu And At National Level written by Alfred Kellermann and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-08-15 with Law categories.
The subject of this Conference concerns the impact the enlargement of the Euro pean Union has on the constitutional provisions of both levels of European ad ministration, the national and the European level. This subject is the more attractive because the 'constitutional' impact of en largement is an essential element in the context of the 'rule of law' as one of the 1 general principles of the Union. Here a relationship does exist with objectives such as a good and transparent system of governance, a democratic legislative process, an independent judiciary and an adequate system of legal protection. As to the national level, the implications membership of the Union has for the constitutional texts of the (candidate) member States have a connection with the fundamental characteristics of Community law such as priority of European law (over national law), direct applicability and direct effect. These principles reflect the interest in ensuring that European law, once applied in the national context by the public authorities or the judiciary, is made fully effective, for the benefit not only of the public authorities but also of the ordinary citizen.
Constitutionalism And The Enlargement Of Europe
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Author : Wojciech Sadurski
language : en
Publisher: OUP Oxford
Release Date : 2012-07-26
Constitutionalism And The Enlargement Of Europe written by Wojciech Sadurski and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-26 with Law categories.
After the fall of Communism in Central and Eastern Europe (CEE), the newly democratized countries of this region joined two main pan-European political and legal structures: the Council of Europe and the European Union. This book shows how the Eastward enlargement of these two structures fostered the 'constitutionalization' both of the Council of Europe and of the EU. Prompted by the enlargement of the Council of Europe and the admission of a number of countries which brought unique and often more substantial problems onto the Court's agenda, the main judicial body of the Council of Europe, the European Court of Human Rights, became a quasi 'constitutional court' of Europe. This book demonstrates that this was primarily as a result of the widening of its agenda and the resulting need to make activist decisions about the compatibility of national laws with the European Convention. In terms of the EU, the book shows that the enlargement (first prospective, and then, actual) has been an important agenda-setter for the constitutionalization of the EU; in particular, for openly placing the issue of fundamental rights on the EU agenda as a legitimate and indispensable matter of concern for the EU. But the 'constitutional synergies' were a two-way street: the accession to both pan-European structures has also affected the development of democratic constitutionalism in CEE states. It has raised difficult issues regarding the relationships between national sovereignty, democracy, and human rights that CEE policy makers have grappled with; these issues and responses by CEE member states have had implications for the 'old' EU member states as well. These dynamics are explored through various case studies, providing a new perspective on the development of legal norms and institutions within European supranational bodies.
Unity In Diversity
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Author : Michael Herslund
language : en
Publisher: CBS Press
Release Date : 2005
Unity In Diversity written by Michael Herslund and has been published by CBS Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Business & Economics categories.
"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."