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The European Constitution

The European Constitution
Author: Giuliano Amato
Publisher: Edward Elgar Publishing
Total Pages: 329
Release: 2009-01-01
Genre: 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.


The European Union and Its Constitution

The European Union and Its Constitution
Author: Laurent Pech
Publisher:
Total Pages: 0
Release: 2008
Genre: Constitutional law
ISBN: 9781905536139

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The European Union and its Constitution explores the political and legal status of the EU and addresses a number of assumptions.


The Making of a European Constitution

The Making of a European Constitution
Author: Sonja Puntscher Riekmann
Publisher: Springer Science & Business Media
Total Pages: 263
Release: 2007-08-19
Genre: Political Science
ISBN: 3531900951

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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.


The Rise and Fall of the EU’s Constitutional Treaty

The Rise and Fall of the EU’s Constitutional Treaty
Author: Finn Laursen
Publisher: BRILL
Total Pages: 580
Release: 2008-07-31
Genre: Law
ISBN: 9047433688

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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.


The European Constitution in the Making

The European Constitution in the Making
Author: Kimmo Kiljunen
Publisher: CEPS
Total Pages: 180
Release: 2004
Genre: Constitutional law
ISBN: 9789290794936

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Understanding the European Constitution

Understanding the European Constitution
Author: Clive H. Church
Publisher: Routledge
Total Pages: 215
Release: 2005-11-16
Genre: 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.


The European Constitution in the Making

The European Constitution in the Making
Author: Roberto Miccù
Publisher:
Total Pages: 192
Release: 2004
Genre: Constitutional history
ISBN:

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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.


Foreign Affairs and the EU Constitution

Foreign Affairs and the EU Constitution
Author: Robert Schütze
Publisher: Cambridge University Press
Total Pages: 557
Release: 2014-10-16
Genre: Law
ISBN: 1107037662

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A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.


European Constitutionalism Beyond the State

European Constitutionalism Beyond the State
Author: J. H. H. Weiler
Publisher: Cambridge University Press
Total Pages: 256
Release: 2003-09-04
Genre: Law
ISBN: 9780521796712

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Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.


National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
Author: Anneli Albi
Publisher: Springer
Total Pages: 1522
Release: 2019-05-29
Genre: Law
ISBN: 9462652732

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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.