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The European Constitution

Author : Giuliano Amato
Publisher : Edward Elgar Publishing
Page : 329 pages
File Size : 24,96 MB
Release : 2009-01-01
Category : Law
ISBN : 1847206786

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'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.

EU Constitutional Law

Author : Koen Lenaerts
Publisher : Oxford University Press
Page : 928 pages
File Size : 19,52 MB
Release : 2021-12-17
Category : Law
ISBN : 019259236X

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This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.

Understanding the European Constitution

Author : Clive H. Church
Publisher : Routledge
Page : 215 pages
File Size : 22,42 MB
Release : 2005-11-16
Category : Political Science
ISBN : 113422768X

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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.

EU Constitutional Law

Author : Koen Lenaerts
Publisher : Oxford University Press
Page : 1025 pages
File Size : 37,51 MB
Release : 2022-01-16
Category : Law
ISBN : 0198851596

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This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.

The European Union

Author : Walter van Gerven
Publisher : Stanford University Press
Page : 420 pages
File Size : 28,66 MB
Release : 2005-03-21
Category : Law
ISBN : 0804767602

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This book provides a general introduction to the European Union (EU) as an ever closer union of states and peoples. It describes how, from its origin in 1958 as an economic community of six states, the EU has grown into a political entity of 25 states with a population of more than 450 million. It also explains the constitution-making process that is currently taking place—with a draft constitution now being submitted for ratification by the 25 member states. The book shows how the distinctive features of a democratic polity that characterize the separate EU member states are gradually replicated in the European Union and how the Union is on its way to becoming a democratic polity of its own kind. Van Gerven writes from a legal perspective, with an eye to political theory and recent American and European history, and with a diverse readership from both sides of the Atlantic in mind.

The Constitution for Europe

Author : Jean-Claude Piris
Publisher : Cambridge University Press
Page : 300 pages
File Size : 31,71 MB
Release : 2006-03-30
Category : Law
ISBN : 9780521682183

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European Constitutional Law

Author : Robert Schütze
Publisher : Cambridge University Press
Page : 539 pages
File Size : 26,45 MB
Release : 2012-04-05
Category : Law
ISBN : 1107376033

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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.

The State of the European Union, 6

Author : Tanja A. Börzel
Publisher : Oxford University Press
Page : 488 pages
File Size : 25,56 MB
Release : 2005-08-04
Category : Political Science
ISBN : 0191536296

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Law, Politics and Society is the sixth and latest addition to the European Union Studies Association series, State of the European Union. The contributors of this volume take the dynamic interaction between law, politics and society as a starting point to think critically about recent developments and future innovations in European integration and EU studies. The book provides an overview of key events between 2000 and 2002 in the European Union, while illuminating how these institutional (formal legal) developments impact ordinary individuals and EU politics. For example, the European Convention with the possibility of an EU constitution is viewed not only as a new institutional development, but we examine what impact the creation of judicially enforceable rights has for Europeans and European integration. How does the opportunity for new rights claims alter the balance of power between individuals and EU organizations, such as the European Court of Justice, vis à vis national governments in EU policy expansion? Importantly, the volume also seeks to provide a unique and interdisciplinary approach to studying the European Union by bringing together both legal scholars and political scientists. Chapter contributors offer readers both sophisticated theoretical and empirical accounts of these new developments. Issues such as enlargement, immigration reform, and monetary union require not only a precise understanding of an increasingly complex set of formal legal rules (the domain of legal scholars), but equally important are the effects on ordinary citizens and political participation (the very power struggles that concern political scientists). This volume seeks to integrate these two approaches, not only by including the scholarship in a single volume, but by asking individual contributors to think outside their respective disciplines. The division between the legal and political, as many would argue, is often both artificial and unproductive. Our volume seeks to bridge this divide.

Constitution of European Union - SIX

Author : Augustin Ostace
Publisher : Alpha & Omega Sapiens - Uppublishing Being / Augustin Ostace
Page : 99 pages
File Size : 19,68 MB
Release : 2020-10-23
Category : Philosophy
ISBN :

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…We are under pressure in rethinking and un-thinking of the whole of the European Union history, after big waves of union’s earthquakes, by mentioning here the big financial crisis between 2008-2010, or Brexit of Great Britain, an embittered fought inside of the European Union between the years of 2016 and the present year of 2020… …It is not mentioned here the waves of migrants in the last ten years towards European Union, through which a world of social pathology is accompanied and enhanced by a dramatic pandemic’s world of biologic pathology, this worst issues of viral disease, out-breaking in the year 2020… …We will remake another configuration of the initial CONSTITUTION OF EUROPE, written and published with about 15 years ago, resembling a parallel dialectical becoming between a finisher and a re-finisher in constitution or between an influencer and re-influencer in social sciences… Terminology of different constitutions will be different in their substance and their semantics, reflecting the difference in temporality and creativity of the author, but the basic principles of ethics and morality are into the both constitutions, the sameness … If European Union needs a constitution, then, European Union must know the history of Europe, must know the inhabitants, the native, the people and citizens of Europe, the science and technology of Europe, the art and religions of Europe, the geography and demography of Europe, since the oldest times of Upper Paleolithic, of Neolithic, of Antiquity, of Middle Age, of Renaissance, of Enlightenment, of Modern Times and of present Third Millennium, all in detail, all in their plain reality, all in their full morality and all in their complete rationality, including here, the ideologies, the irrationalities and tragedies of Europe, culminating in 20th century, with two world wars, of about 70 million victims worldwide… More than that, our Constitution of European Union is desired to be and to become, a pilot project in searching and researching, in Anthropology, in Sapientology and AnthropoSapientology, a vector of axiological and epistemological substance and con-substance in theoretical and practical knowledge, in theoretical and practical discoveries and inventions… …One must be added that, it is the first time in human known history and historiology (logos of history, reasoning of history, wisdom of history), when, a Constitution is becoming also a vector of knowledge (theoretical and practical), sensing and re-sensing a searching and researching a such project in Anthropo-Sapientology, finally, having an explicit and an implicit proper function of axiology in oneself, for oneself, and through oneself… Constitutionalist of European Union

Constitutional Law of the European Union

Author : Koenraad Lenaerts
Publisher :
Page : 876 pages
File Size : 48,15 MB
Release : 1999
Category : Law
ISBN :

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This work provides an up-to-date picture of the constitutional law of the European Union and the law governing forms of co-operation among the Member States, such as common foreign and security policy, police and judicial co-operation in criminal matter, such as schengen. The book begins by describing the pathways for integration in teh EU, outlining the substantive, temporal and territorial jurisdiction of the EU. The authors provide an exposition of the objectives and tasks of the Community, together with an analysis of the principles of legal basis, subsidiarity, proportionality and equal treatment. This is followed by an analysis of substantive European law with particular attention given to the principles of the internal market and EMU.