Een Europese Grondwet / European Constitution PDF Download
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Author: Paul Kapteyn
Publisher: Amsterdam University Press
ISBN: 9056292382
Category : Constitutional history
Languages : en
Pages : 62
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Book Description
Annotation. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789056292386.
Author: Paul Kapteyn
Publisher: Amsterdam University Press
ISBN: 9056292382
Category : Constitutional history
Languages : en
Pages : 62
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Book Description
Annotation. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789056292386.
Author: Monica Claes
Publisher: Bloomsbury Publishing
ISBN: 1847312187
Category : Law
Languages : en
Pages : 818
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Book Description
The reform of the European Constitution continues to dominate news headlines and has provoked a massive debate, unprecedented in the history of EU law. Against this backdrop Monica Claes' book offers a "bottom up" view of how the Constitution might work, taking the viewpoint of the national courts as her starting point, and at the same time returning to fundamental principles in order to interrogate the myths of Community law. Adopting a broad, comparative approach, she analyses the basic doctrines of Community law from both national constitutional perspectives as well as the more usual European perspective. It is only by combining the perspectives of the EU and national constitutions, she argues, that a complete picture can be obtained, and a solid theoretical base (constitutional pluralism) developed. Her comparative analysis encompasses the law in France, Belgium, Denmark, the Netherlands, Germany, Ireland, Italy and the United Kingdom and in the course of her inquiry discusses a wide variety of prominent problems. The book is structured around three main themes, coinciding with three periods in the development of the judicial dialogue between the ECJ and the national courts. The first focuses on the ordinary non-constitutional national courts and how they have successfully adapted to the mandates developed by the ECJ in Simmenthal and Francovich. The second examines the constitutional and other review courts and discusses the gradual transformation of the ECJ into a constitutional court, and its relationship to the national constitutional courts. The contrast is marked; these courts are not specifically empowered by the case law of the ECJ and have reacted quite differently to the message from Luxembourg, leaving them apparently on collision course with the ECJ in the areas of judicial Kompetenz Kompetenz and fundamental rights. The third theme reprises the first two and places them in the context of the current debate on the Constitution for Europe and the Convention, taking the perspective of the national courts as the starting point for a wide-ranging examination of EU's constitutional fundamentals. In so doing it argues that the new Constitution must accommodate the national perspective if it is to prove effective.
Author: Maartje De Visser
Publisher: A&C Black
ISBN: 1782252452
Category : Law
Languages : en
Pages : 1118
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Book Description
Constitutions serve to delineate state powers and enshrine basic rights. Such matters are hardly uncontroversial, but perhaps even more controversial are the questions of who (should) uphold(s) the Constitution and how constitutional review is organised. These two questions are the subject of this book by Maartje de Visser, which offers a comprehensive, comparative analysis of how 11 representative European countries answer these questions, as well as a critical appraisal of the EU legal order in light of these national experiences. Where possible, the book endeavours to identify Europe's common and diverse constitutional traditions of constitutional review. The raison d'être, jurisdiction and composition of constitutional courts are explored and so too are core features of the constitutional adjudicatory process. Yet, this book also deliberately draws attention to the role of non-judicial actors in upholding the Constitution, as well as the complex interplay amongst constitutional courts and other actors at the national and European level. The Member States featured are: Belgium, the Czech Republic, Finland, France, Germany, Italy, Hungary, the Netherlands, Spain, Poland, and the United Kingdom. This book is intended for practitioners, academics and students with an interest in (European) constitutional law.
Author: Koen Lenaerts
Publisher: Oxford University Press
ISBN: 0198851596
Category : Law
Languages : en
Pages : 1025
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Book Description
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.
Author: Finn Laursen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004168060
Category : Political Science
Languages : en
Pages : 581
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Book Description
This book accounts for the content and negotiation of the EU's Constitutional Treaty of 2004 as well as the failure of ratification of the treaty in France and the Netherlands in 2005. It discusses the implications of the abandonment of the treaty for the process of European integration and our understanding of that process.
Author: Flora A.N.J. Goudappel
Publisher: Springer
ISBN: 9462650667
Category : Law
Languages : en
Pages : 247
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Book Description
The present collection of essays offers the reader a broad range of original perspectives on democracy and the rule of law in the European Union, approaching the existing policy area from new points of view. Leading experts from different countries and backgrounds focus on how democracy and the rule of law are related to topics like security, pension rights, judicial cooperation and human rights protection. Their expert views are based on a combination of theory and knowledge acquired in their practice as academics or practitioners in the field of European integration.. The issue of the rule of law and democracy is close to the heart of Professor Jaap de Zwaan, a true European, building bridges between countries and peoples. He has written extensively on the subject of European integration. Therefore, this collection of expert views is not only an original and valuable contribution to the literature and discussion on the development and enlargement of the European Union, but at the same time it is a tribute to Jaap de Zwaan, whose academic and diplomatic career can be characterized as always serving “an ever closer Union”. Flora Goudappel is Jean Monnet Professor of EU Trade Law in the Overseas Territories at the Erasmus University Rotterdam and a consultant on European Union law Ernst Hirsch Ballin is Professor of Dutch and European Constitutional Law at Tilburg University and Professor of Human Rights Law at the University of Amsterdam.
Author: Niels M. Blokker
Publisher: Cambridge University Press
ISBN: 9789067041881
Category : Juvenile Nonfiction
Languages : en
Pages : 548
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Book Description
Two major factors brought about the establishment of the Netherlands Yearbook of International Law in 1970: demand for the publication of national practice in international law, and the desirability for legal practitioners, state representatives and international lawyers to have access to the growing amount of available data, in the form of articles, notes etc. The Documentation section contains an extensive review of Dutch state practice from the parliamentary year prior to publication, an account of developments relating to treaties and other international agreements to which the Netherlands is a party, summaries of Netherlands judicial decisions involving questions of public international law (many not published elsewhere), lists of Dutch publications in the field and extracts from relevant municipal legislation. Although the NYIL has a distinctive national character it is published in English, and the editors do not adhere to any geographical limitations when deciding upon the inclusion of articles.
Author: A. T. J. M. Jacobs
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 156
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Book Description
Author: Stefan Griller
Publisher: Bloomsbury Publishing
ISBN: 1509906754
Category : Law
Languages : en
Pages : 863
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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: Pieter de Wilde
Publisher: ECPR Press
ISBN: 190730164X
Category : Political Science
Languages : en
Pages : 292
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Book Description
The book compares EU coverage in main online news forums during the 2009 European Parliamentary campaigns.
