The Constitutionalization Of The European Union
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The Constitutionalization Of The European Union
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Author : Berthold Rittberger
language : en
Publisher: Routledge
Release Date : 2013-09-13
The Constitutionalization Of The European Union written by Berthold Rittberger and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-13 with Political Science categories.
Previously published as a special issue of the Journal of European Public Policy, this volume presents a theory of constitutionalization as well as comparative analyses and case studies to underscore the claim that the European integration process itself engenders a democratic self-healing mechanism. There exists a consensus among academics, politicians, and the public that the European Union suffers from a ‘democratic deficit’. But how can it be resolved? This book deals with two core areas central for the development of the liberal-democratic constitutional state: the extension of the powers of representative assemblies and the institutionalization of human rights. The European Union has made remarkable progress in these two areas over the past half century. Whenever a planned step of European integration through transfers of sovereignty threatens to undermine domestic standards of parliamentary control and human rights standards, political elites in the member states regularly mobilize to counteract these developments. The proponents of the Union’s ‘constitutionalization’ regularly invoke democratic and human rights norms shared by all members of the European Union to successfully exercise moral pressure on the sceptics of further constitutionalization.
Constitutionalizing The European Union
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Author : Thomas Christiansen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-03-31
Constitutionalizing The European Union written by Thomas Christiansen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-31 with Political Science categories.
Enlargement and treaty reform have moved Europe's constitutional debate into the political spotlight. This important new text outlines the main themes of constitutional debate in the EU, analyzes formal and informal constitution-building since the early days of European integration, and introduces the actors and structures behind treaty change.
Eu Citizenship The Constitutionalisation Of The European Union
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Author : Hanneke van Eijken
language : en
Publisher:
Release Date : 2015
Eu Citizenship The Constitutionalisation Of The European Union written by Hanneke van Eijken and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Citizenship categories.
It has been 20 years since EU citizenship was introduced under the Treaty of Maastricht, yet it remains a topical and contemporary issue. The main research question in this study is whether and how European citizenship affects the constitutionalization of the EU. It connects European citizenship with European constitutional processes, in order to grasp the constitutional relevance of EU citizenship. To this end, the different aspects of European citizenship are specifically linked to features that are commonly found in constitutions. The effect of and the relationship between four of these constitutional 'building blocks' and European citizenship are assessed. First, the effect of European citizenship on the vertical division of powers between the Member States and the EU is analyzed. Second, the way European citizenship relates to a common ideology, consisting of fundamental rights protection and democracy, is discussed. Third, the effect of European citizenship on judicial review and the hierarchy of norms in the EU is addressed. And finally, the question is posed as to how and to what extent European citizenship affects the constitutionalization of the EU and how European citizenship can be placed in the European constitutional context. (Series: European Administrative Law - Vol. 9) [Subject: European Law, Constitutional Law, Administrative Law]
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.
Learning From The Eu Constitutional Treaty
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Author : Ben Crum
language : en
Publisher: Routledge
Release Date : 2013-03-01
Learning From The Eu Constitutional Treaty written by Ben Crum and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-01 with Political Science categories.
The negative results of referenda on the European Union (EU) Constitutional Treaty in France and the Netherlands, and subsequent low-key adoption of the Treaty of Lisbon raise complex questions about the possible democratization of international organisations. This book provides a full analysis of the EU Constitutional Treaty process, grounded in broader political theoretical debates about democratic constitutionalisation and globalization. As international organizations become permanent systems of governance that directly interfere in individuals’ lives, it is not enough to have them legitimated by the consent of governments alone. This book presents an evaluation of the present EU Treaty of Lisbon in comparison with the original EU Constitutional Treaty, and analyses the importance of consent of the people, asking if saving the treaty came at the cost of democracy. Drawing first-hand on the European Convention and the referendum in the Netherlands, this book outlines an original political theory of democratic constitutionalisation beyond the nation-state, and argues that international organizations can be put on democratic foundations, but only by properly engaging national political structures. Learning from the EU Constitutional Treaty will be of interest to students and scholars of European Union politics, history and policy.
Constitutionalization Of European Private Law
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Author : Hans-W. Micklitz
language : en
Publisher: Collected Courses of the Acade
Release Date : 2014
Constitutionalization Of European Private Law written by Hans-W. Micklitz and has been published by Collected Courses of the Acade this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Do fundamental rights impact our rights and obligations in our contractual relations, and to what extent? Having integrated the Charter of Fundamental Rights into the Treaties of Rome and Lisbon, this book examines the effect these rights have on the position of EU citizens generally and in various fields of law, including private law.
Constitutionalism And The Enlargement Of Europe
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Author : Wojciech Sadurski
language : en
Publisher: Oxford University Press
Release Date : 2012-07-26
Constitutionalism And The Enlargement Of Europe written by Wojciech Sadurski and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-26 with Law categories.
Written at the intersection of law and political science, this book adopts a new and original perspective on the legal implications of the Eastward enlargement of the Council of Europe and the European Union. Case studies offer a novel examination of the development of legal norms and institutions within these supranational bodies.
The Constitutionalization Of European Budgetary Constraints
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Author : Maurice Adams
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
The Constitutionalization Of European Budgetary Constraints written by Maurice Adams and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
The recently enacted Treaty on the Stability, Coordination and Governance of the Economic and Monetary Union (generally referred to as the Fiscal Compact) has introduced a 'golden rule', which is a detailed obligation that government budgets be balanced. Moreover, it required the 25 members of the EU which signed the Treaty in March 2012, to incorporate this 'golden rule' within their national Constitutions. This requirement represents a major and unprecedented development, raising formidable challenges to the nature and legitimacy of national Constitutions as well as to the future of the European integration project. This book analyses the new constitutional architecture of the European Economic and Monetary Union (EMU), examines in a comparative perspective the constitutionalization of budgetary rules in the legal systems of the Member States, and discusses the implications of these constitutional changes for the future of democracy and integration in the EU. By combining insights from law and economics, comparative institutional analysis and legal theory, the book offers a comprehensive survey of the constitutional incorporation of new fiscal and budgetary rules across Europe and a systematic normative discussion of the legitimacy issues at play. It thus contributes to a better understanding of the Euro-crisis, of the future of the EU, and the reforms needed towards a deeper and genuine EMU.
The Constitution Of European Democracy
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Author : Dieter Grimm
language : en
Publisher: Oxford University Press
Release Date : 2017-06-23
The Constitution Of European Democracy written by Dieter Grimm and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-23 with Law categories.
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.
The European Union And Its Order
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Author : Zenon Bankowski
language : en
Publisher: Wiley-Blackwell
Release Date : 2000-08-22
The European Union And Its Order written by Zenon Bankowski and has been published by Wiley-Blackwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-08-22 with Law categories.
Born of a series of research seminars, supported by the ESRC and the European Law Journal, this book tackles the most pressing issue raised by intensified European integration: the demise of sovereign states and the design of theoretical frameworks within which issues of post-national democracy and legal legitimacy might be considered.