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Author: Anneli Albi Publisher: ISBN: 9789041125248 Category : Constitutional law Languages : en Pages : 0
Book Description
Whether the Constitutional Treaty will enter into effectand¿or the prospect of the EU having a constitutional text is pushed back to a much more distant future the ratification of an EU Constitution raises questions of fundamental importance from the point of view of national constitutional law. Whilst constitutions have traditionally been linked to states, more recent theories, such as post-national, multi-level, or intertwined constitutionalism, recognise the possibility for a constitution to exist in a non-state context. In this very valuable book, which focuses on the ratification of the European Constitutional Treaty, twenty-eight authorities in constitutional and EU law examine the extent to which such theories have made inroads in national constitutional thinking. The contributors examine the debates and official documents of the political institutions that have been involved in the ratification process in the Member States, as well as constitutional court decisions and scholarly discourse. They also cover a range of closely related issues, such as the amendment of national constitutions, ratification referendums, and the implications of the codification of the principle of primacy in the European Constitution. The book includes reports from 17 EU Member States, as well as a view from a candidate country, Croatia. These reports, along with other papers on the nature and content of the Constitutional Treaty, consider the following issues: the process and legal framework of ratification in each of the examined Member States; the novel category of constitutional treaty; constitutional elements in existing EC/EU treaties; types of constitutions and constitutionalism, and constitutions in non-state contexts; the implications of the primacy clause; ratification referendums; eurosceptic fears of the development of a super-state. The book is based on the proceedings of an international conference that was held in Tallinn, Estonia, in November 2005. By assessing the implications of the European Constitution from the perspective of national constitutional law, this book fills an important gap in the literature. It also makes a contribution to the emergence of a true European-wide constitutional debate, by providing both researchers and policy-makers with comparative information regarding the constitutional aspects of ratification in Member States. It will be of absorbing interest and value for years to come as the European constitutional debate continues.
Author: Anneli Albi Publisher: ISBN: 9789041125248 Category : Constitutional law Languages : en Pages : 0
Book Description
Whether the Constitutional Treaty will enter into effectand¿or the prospect of the EU having a constitutional text is pushed back to a much more distant future the ratification of an EU Constitution raises questions of fundamental importance from the point of view of national constitutional law. Whilst constitutions have traditionally been linked to states, more recent theories, such as post-national, multi-level, or intertwined constitutionalism, recognise the possibility for a constitution to exist in a non-state context. In this very valuable book, which focuses on the ratification of the European Constitutional Treaty, twenty-eight authorities in constitutional and EU law examine the extent to which such theories have made inroads in national constitutional thinking. The contributors examine the debates and official documents of the political institutions that have been involved in the ratification process in the Member States, as well as constitutional court decisions and scholarly discourse. They also cover a range of closely related issues, such as the amendment of national constitutions, ratification referendums, and the implications of the codification of the principle of primacy in the European Constitution. The book includes reports from 17 EU Member States, as well as a view from a candidate country, Croatia. These reports, along with other papers on the nature and content of the Constitutional Treaty, consider the following issues: the process and legal framework of ratification in each of the examined Member States; the novel category of constitutional treaty; constitutional elements in existing EC/EU treaties; types of constitutions and constitutionalism, and constitutions in non-state contexts; the implications of the primacy clause; ratification referendums; eurosceptic fears of the development of a super-state. The book is based on the proceedings of an international conference that was held in Tallinn, Estonia, in November 2005. By assessing the implications of the European Constitution from the perspective of national constitutional law, this book fills an important gap in the literature. It also makes a contribution to the emergence of a true European-wide constitutional debate, by providing both researchers and policy-makers with comparative information regarding the constitutional aspects of ratification in Member States. It will be of absorbing interest and value for years to come as the European constitutional debate continues.
Author: Anneli Albi Publisher: Springer ISBN: 9462652732 Category : Law Languages : en Pages : 1522
Book Description
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Author: Suvi Sankari Publisher: Routledge ISBN: 1317024486 Category : Law Languages : en Pages : 323
Book Description
This volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. The book combines diverse disciplinary approaches to the constitutional debate. It brings together complementing contributions from scholars of European politics, economics, and sociology, as well as established scholars from various fields of law. Moreover, it provides analytical clarity to the discussion and combines theory with more practical and critical approaches that make use of the constitutional toolbox in analysing the tensions between the different constitutions. The collection is a valuable point of reference not only for scholars interested in European studies but also for graduate and post-graduate students.
Author: Roberto Miccù Publisher: ISBN: Category : Constitutional history Languages : de Pages : 192
Book Description
In the European Convention, parliamentarians and government representatives from the Member States have elaborated the Draft Constitution establishing a Constitution for Europe. This process requires academic guidance and analysis. The European Constitutional Law Network provides an important forum of associated constitutional and European lawyers from different old and new Member States (www.ecln.net). The structure of the future constitution and the general lines of argument underlying the deliberations of the Convention are the focus of the individual contributions to this volume which were presented on the occasion of the second ECLN conference in summer 2002 in Rome. Against the background of their national constitutional and legal orders, the contributors demonstrate their expectations for the European constitution in the making. Thereby, the deliberations provide a pan-European basis for the debate on the future Constitution for Europe.
Author: Sonja Puntscher Riekmann Publisher: Springer Science & Business Media ISBN: 3531900951 Category : Political Science Languages : en Pages : 263
Book Description
The aim of this publication is an analysis of the process of European constitutionalisation and its entanglement with relevant national discourses. Thus, national constitutional traditions in Austria, France, Germany and the United Kingdom are evaluated with regard to the positions of the respective national representatives in the European Convention. Interviews with Members of National Parliaments and of the European Parliament as well as a content analysis of the debate on the future of Europe in print media form the empirical basis of this study.
Author: Giuliano Amato Publisher: Edward Elgar Publishing ISBN: 1847206786 Category : Law Languages : en Pages : 329
Book Description
'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.
Author: Marcel Kielhorn Publisher: LIT Verlag Münster ISBN: 9783825887568 Category : Political Science Languages : en Pages : 142
Book Description
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.
Author: Stefan Griller Publisher: Bloomsbury Publishing ISBN: 1509906746 Category : Law Languages : en Pages : 863
Book Description
Do individual constitutions, and the legal cultures underlying them, pose an obstacle to future EU integration? This ambitious collection brings together reports from all the European Member States, systematically setting out their individual constitutional guarantees. In doing so, it tracks possible roadblocks to the future evolution of European integration. Written by recognised authorities in each Member State, it offers an authoritative and rigorous overview of the European Union's constitutional landscape. Its single-structure approach allows for comparison while maintaining consistency. It will become the standard reference work for academics, students and practitioners in the field of European Union law and integration.
Author: Anneli Albi
Author: Anneli Albi
Author: Anneli Albi
Author: Suvi Sankari
Author: Roberto Miccù
Author: Zbigniew A. Macia̜g
Author: Sonja Puntscher Riekmann
Author: Giuliano Amato
Author: Marcel Kielhorn
Author: Stefan Griller
Author: Peter-Christian Müller-Graff