The Unity Of The European Constitution

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The Unity Of The European Constitution
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Author : Philipp Dann
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-05-10
The Unity Of The European Constitution written by Philipp Dann 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 2010-05-10 with Political Science categories.
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.
Foreign Affairs And The Eu Constitution
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Author : Robert Schütze
language : en
Publisher: Cambridge University Press
Release Date : 2014-10-16
Foreign Affairs And The Eu Constitution written by Robert Schütze 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 2014-10-16 with Law categories.
A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.
Constitutional Evolution In Central And Eastern Europe
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Author : Alexander H.E. Morawa
language : en
Publisher: Routledge
Release Date : 2016-12-14
Constitutional Evolution In Central And Eastern Europe written by Alexander H.E. Morawa and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-14 with Law categories.
This book examines EU enlargement by studying how domestic constitutional evolution in the new member states contributes to European integration. In contrast to the usual top-down analytical pattern, it reverses the paradigm by looking at constitutional developments and dynamics from the bottom-up, studying how domestic constitutional evolution contributes to European integration. The authors analyze constitutional trends from the perspective of 'new Member States' as policy-makers and not strictly as policy-takers. The issue of conditionality is also explored in a discussion of the extent to which pre-2004 and 2007 conditionality has had lasting effects at the level of constitutionalization of different areas and norms and if so, of what kind. The exploration of Europeanization effects in recent Member States substantiates and demonstrates how enlargement has been an important driving-force for the effective export of EU legal rules in this region. The book utilizes a comparative approach to highlight the merits and obstacles created by the growing diversity in the constitutional rules and patterns of the new Member States. It also contains a section that places the CEE constitutionalizing map in a broader comparative European and global context, establishing links with similar transitional regimes in the continent and elsewhere.
Foreign Policy Objectives In European Constitutional Law
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Author : Joris Larik
language : en
Publisher: Oxford University Press
Release Date : 2016
Foreign Policy Objectives In European Constitutional Law written by Joris Larik 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 2016 with Law categories.
Presenting the first comprehensive account of foreign policy objectives as a growing part of European constitutional law, this book examines the nature, functions, and potential of these objectives by approaching EU external relations law through both comparative constitutional analysis and international relations theory.
Constitutional Pluralism In The European Union And Beyond
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Author : Matej Avbelj
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-02-29
Constitutional Pluralism In The European Union And Beyond written by Matej Avbelj and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-29 with Law categories.
Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders - most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the 'traditional' European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states. The book collects contributions taking opposing perspectives on constitutional pluralism - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it. While some authors can be called 'the founding fathers of constitutional pluralism', others are young academics who have recently entered the field. Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching our existing understanding of the concept in current scholarship.
The Making Of A European Constitution
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Author : Michelle Everson
language : en
Publisher: Routledge
Release Date : 2007-09-21
The Making Of A European Constitution written by Michelle Everson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-09-21 with Law categories.
An original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of ‘procedural’ constitutionalism. Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial ‘identification’ of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a ‘mythology’ of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that are to be found within any society; but must always, also, maintain the integrity and autonomy of the law itself. European judges and lawyers, having been denied recourse to all forms of constitutional mythology, provide us with an alternative model of constitutionalism; one that does not require a founding myth of constitutional settlement, and one which both secures the autonomy of law, as well as ensures dialogue between law and society. This occurs, however, not through grand theories of ‘constitutional adjudication’ but, as The Making of a European Constitution documents, rather through a practical process.
The European Constitution
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Author : Giuliano Amato
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009-01-01
The European Constitution written by Giuliano Amato and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
'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.
The Making Of The European Union
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Author : Sten Berglund
language : en
Publisher: Edward Elgar Publishing
Release Date : 2006-01-01
The Making Of The European Union written by Sten Berglund and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Political Science categories.
The Making of the European Union argues that the process of European integration has drifted into serious crisis, perhaps the most serious since the Danes voted against the Treaty of the European Union in 1992. Analysing the conditions for European integration, this book applies a citizens' or 'bottom-up' perspective on the integration process. The difficulties that the constitutional process has encountered illustrate the relevance of bringing public opinion into the analysis of the prospects for European integration. The book describes and analyses the historical, mental, intellectual , and attitudinal denominators of European integration, denominators that have shaped the processes so far and will continue to do so in the future. The authors apply a broad comparative perspective, where European nation-states constitute the primary units of analysis. The focus is on the foundations of European integration, public views about the EU, including various shades of Euroscepticism, and the long-term prospects of the EU. This book will appeal to a wide audience including scholars and researchers in the social sciences - particularly political science, comparative politics and European studies. The book will also be of great interest to journalists and all those involved in the EU, including policy makers and civil servants throughout the EU itself.
The Rise And Fall Of The Eu S Constitutional Treaty
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Author : Finn Laursen
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2008-07-31
The Rise And Fall Of The Eu S Constitutional Treaty written by Finn Laursen and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-31 with Political Science categories.
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.
Principles Of European Constitutional Law
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Author : Armin von Bogdandy
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-12-03
Principles Of European Constitutional Law written by Armin von Bogdandy and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-03 with Law categories.
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