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Author: Berthold Rittberger Publisher: Routledge ISBN: 1317996933 Category : Political Science Languages : en Pages : 188
Book Description
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.
Author: Berthold Rittberger Publisher: Routledge ISBN: 1317996933 Category : Political Science Languages : en Pages : 188
Book Description
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.
Author: Thomas Christiansen Publisher: Bloomsbury Publishing ISBN: 1137102810 Category : Political Science Languages : en Pages : 288
Book Description
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.
Author: Hans-W. Micklitz Publisher: Oxford University Press, USA ISBN: 0198712103 Category : Law Languages : en Pages : 289
Book Description
One of the most topical questions in the legal systems is whether and to what extent fundamental rights impact our rights and obligations in our contractual relations. The European Union has integrated the Charter of Fundamental Rights into the Treaties of Rome and Lisbon. This book highlights whether and to what extent fundamental rights affect the position of citizens generally and in various fields of law, such as private (contractual) law, labour law,financial services, intellectual property rights, and the judicial protection in courts.
Author: Wojciech Sadurski Publisher: Oxford University Press ISBN: 0199696780 Category : Law Languages : en Pages : 263
Book Description
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.
Author: Joseph Weiler Publisher: Cambridge University Press ISBN: 9780521585675 Category : Law Languages : en Pages : 384
Book Description
Joseph Weiler presents essays written during the 1990s on issues related to European constitutional law. In a series of highly accessible discussions concerning the legal framework of the European Communities and the European Union, Professor Weiler describes the gradual strengthening of transnational European institutions at the expense of national legislators. Although individuals as legal consumers have been empowered by Community law, he writes, this has been at the expense of their rights as citizens. The Constitution of Europe thus provides from a legal perspective a balanced and authoritative critique of the attractions and demerits of the goal of European integration.
Author: Hanneke van Eijken Publisher: ISBN: 9789089521569 Category : Citizenship Languages : en Pages : 0
Book Description
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]
Author: Markus W. Gehring Publisher: Cambridge University Press ISBN: 1108487963 Category : Law Languages : en Pages : 439
Book Description
European constitutionalisation has met with scepticism - this book analyses the steps necessary to move to EU's 'Second Constitution'.
Author: Ben Crum Publisher: Routledge ISBN: 113658210X Category : Political Science Languages : en Pages : 277
Book Description
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.
Author: Piet Eeckhout Publisher: Oxford University Press, USA ISBN: 9780199287215 Category : Law Languages : en Pages : 490
Book Description
The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding international agreements, by participating in the work of international organizations, and by legislating and regulating on matters of external relations. It is a practice giving rise to many legal problems and questions, as evidenced by the substantial and growing body of case-law in the area of external relations by the European Court of Justice and Court of First Instance. These problems and questions are often of constitutional significance, and the external relations law of the EU therefore occupies an important position in the overall development of the EU, and in the process of its constitution-building. This volume examines the legal and constitutional foundations of the EU's external relations. It focuses on the EU's external powers and objectives, on the instruments, principles, and actors ofexternal policies, and on the legal effects of international agreements and international law. It brings together the legal foundations of the EU's external economic policies, centred around its trade policy, and the fledgling Common Foreign and Security Policy. It concludes by addressing the basic questions of constitutionalism raised by EU external relations, i.e. the division of competences, the protection of fundamental rights, issues of democracy and legitimacy, and judicial review.
Author: Berthold Rittberger
Author: Berthold Rittberger
Author: Thomas Christiansen
Author: Hans-W. Micklitz
Author: Wojciech Sadurski
Author: Joseph Weiler
Author: Jean-Claude Piris
Author: Hanneke van Eijken
Author: Markus W. Gehring
Author: Ben Crum
Author: Piet Eeckhout