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Author: Finn Laursen Publisher: BRILL ISBN: 9047433688 Category : Law Languages : en Pages : 580
Book Description
This book analyses the EU's Constitutional Treaty, which emerged in draft form from the European Convention in the summer of 2003 and which was finalised by an Intergovernmental Conference (IGC) in June 2004. It describes the main novelties of the treaty and looks at policies of important actors, Member States and Community actors (the Commission and European Parliament) and the roles played by the Convention and the Italian and Irish Presidencies during the process of deliberation and negotiation that produced the treaty. It further studies the failure of ratification in France and the Netherlands and the implications for the process of European integration of this failure. It finally touches on the question whether a constitutional equilibrium has been reached. Since the new Lisbon Treaty negotiated in 2007 contains much of what was in the Constitutional Treaty the analyses of the book remain pertinent for this latest EU treaty.
Author: Finn Laursen Publisher: BRILL ISBN: 9047433688 Category : Law Languages : en Pages : 580
Book Description
This book analyses the EU's Constitutional Treaty, which emerged in draft form from the European Convention in the summer of 2003 and which was finalised by an Intergovernmental Conference (IGC) in June 2004. It describes the main novelties of the treaty and looks at policies of important actors, Member States and Community actors (the Commission and European Parliament) and the roles played by the Convention and the Italian and Irish Presidencies during the process of deliberation and negotiation that produced the treaty. It further studies the failure of ratification in France and the Netherlands and the implications for the process of European integration of this failure. It finally touches on the question whether a constitutional equilibrium has been reached. Since the new Lisbon Treaty negotiated in 2007 contains much of what was in the Constitutional Treaty the analyses of the book remain pertinent for this latest EU treaty.
Author: Ziegler, Katja S. Publisher: Edward Elgar Publishing ISBN: 1784712388 Category : Political Science Languages : en Pages : 656
Book Description
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
Author: Luis I Gordillo Publisher: Bloomsbury Publishing ISBN: 1847319335 Category : Law Languages : en Pages : 410
Book Description
The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the 'World Constitution', but the European Court of Justice in Luxembourg views the European Treaties as a 'Constitutional Charter' for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of 'European public order'. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context 'interordinal instability' not only provokes strong academic interest, but also affects what has been called 'governance' or 'global government' and undermines both legal certainty and individual fundamental rights. Different solutions - constitutionalist and pluralist - have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls 'interordinal constitutionalism', as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolás Pérez Serrano Prize by the Centro de Estudios Políticos y Constitucionales, for the best dissertation in constitutional law 2009-2010.
Author: Daniel Finke Publisher: ECPR Press ISBN: 1910259713 Category : Political Science Languages : en Pages : 173
Book Description
Since its legal foundation in 1993, the European Union has been challenged by three concurring developments. Its decision-making bodies groaned under burgeoning legislative activity, and Eastern enlargement was expected to limit law-making efficiency. At the same time, European citizens grew wary of EU politics and increasing integration. This book explains how European governments handled these challenges and, step-by-step, agreed on significant reforms which led to the signing of the Lisbon Treaty in December 2007. Drawing on unique survey data, European Integration and Its Limits provides a solid empirical analysis of the three most important intergovernmental conferences. It shows how far voters and political parties have been able to influence European treaty reforms, and it scrutinises the mechanisms underlying intergovernmental treaty negotiations in an ever-growing Union. The book discusses the domestic position formation process as well as the dynamics of intergovernmental bargaining. Ultimately, it explains European integration from Maastricht to Lisbon.
Author: Academie de Droit International de la Haye Publisher: Martinus Nijhoff Publishers ISBN: 9789041110541 Category : Law Languages : en Pages : 436
Book Description
The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume contains: - International Business Transactions in United States Courts by H.H. KOH, Professor at Yale University, New Haven; - Citoyennete de l'Union europeenne, nationalite et condition des etrangers, par E. PEREZ VERA, professeur a l'Universidad Nacional de Educacion a Distancia, Madrid. To access the abstract texts for this volume please click here
Author: Antoine Vauchez Publisher: Cambridge University Press ISBN: 1316298906 Category : Law Languages : en Pages : 277
Book Description
Since the 1960s, the nature and the future of the European Union have been defined in legal terms. Yet, we are still in need of an explanation as to how this entanglement between law and EU polity-building emerged and how it was maintained over time. While most of the literature offers a disembodied account of European legal integration, Brokering Europe reveals the multifaceted roles Euro-lawyers have played in EU polity, notably beyond the litigation arena. In particular, the book points at select transnational groups of multipositioned legal entrepreneurs which have been in a situation to elevate the role of law in all sorts of EU venues. In doing so, it draws from a new set of intellectual resources (field theory) and empirical strategies only very recently mobilized for the study of the EU. Grounded on an extensive historical investigation, Brokering Europe provides a revised narrative of the 'constitutionalization of Europe'.
Author: Finn Laursen
Author: Finn Laursen
Author: Anne Deighton
Author: 
Author: Ziegler, Katja S.
Author: Luuk van Middelaar
Author: Luis I Gordillo
Author: Daniel Finke
Author: Anneli Albi
Author: Academie de Droit International de la Haye
Author: Antoine Vauchez