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Author: European Commission for Democracy through Law
Publisher: Council of Europe
ISBN: 9789287150424
Category : Political Science
Languages : en
Pages : 156
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Book Description
EU enlargement and the accession of the candidate states will involve major constitutional changes. This publication contains the reports presented at a seminar organised by the European Commission for Democracy through Law, held in November 2001. It examines the constitutional challenges which the candidate states face and the EU's approach to them; and also includes a study of Turkey's relationship with the EU and the implications for Turkish constitutional law.
Author: European Commission for Democracy through Law
Publisher: Council of Europe
ISBN: 9789287150424
Category : Political Science
Languages : en
Pages : 156
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Book Description
EU enlargement and the accession of the candidate states will involve major constitutional changes. This publication contains the reports presented at a seminar organised by the European Commission for Democracy through Law, held in November 2001. It examines the constitutional challenges which the candidate states face and the EU's approach to them; and also includes a study of Turkey's relationship with the EU and the implications for Turkish constitutional law.
Author: Anneli Albi
Publisher: Cambridge University Press
ISBN: 9780521845410
Category : Law
Languages : en
Pages : 300
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Book Description
This book explores the adaptation of the constitutions of Central & Eastern Europe (CEE) for membership in the European Union.
Author: Anneli Albi
Publisher: Springer
ISBN: 9462652732
Category : Law
Languages : en
Pages : 1522
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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: Carlos Closa
Publisher: Cambridge University Press
ISBN: 1107108888
Category : Law
Languages : en
Pages : 357
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Book Description
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Author: David Nederlof
Publisher:
ISBN: 9789462512214
Category :
Languages : en
Pages : 356
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Book Description
Heads of state or government of the member states of the European Union have a dual role: they are and remain holders of domestic executive offi ces, but at the same time members of the European Council - the EU institution that is the centre of political authority within the Union. This membership, approached here from a constitutional and historical perspective, is autonomous to the extent that it is attributed to the heads of state or government and substantively determined by the EU's constitution. It is a key part of the EU structure and fundamental for comprehending the executive branches of the Union and of the member states as well as their relationship. The present study analyses the force of the dualitythat membership entails for the accumulation of authority within the European Council. It investigates for a number of member states - The Netherlands, Belgium and Germany - whether and how European Council membership has become compatible with and has affected domestic constitutional positions, domestic executive institutions and systems at large. It contributes to the understanding of the relation between national executives and the Union.
Author: Armin von Bogdandy
Publisher: Bloomsbury Publishing
ISBN: 184731550X
Category : Law
Languages : en
Pages : 856
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Book Description
For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven
Author: Nanette A. Neuwahl
Publisher: BRILL
ISBN: 9004482423
Category : Law
Languages : en
Pages : 351
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Book Description
Author: Johan Callewaert
Publisher: Council of Europe
ISBN: 9287179700
Category : Political Science
Languages : en
Pages : 107
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Book Description
Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.
Author: Marise Cremona
Publisher: Bloomsbury Publishing
ISBN: 1782253254
Category : Law
Languages : en
Pages : 300
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Book Description
This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of European Union (EU) external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court's judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context. To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU's constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU's Common Foreign and Security Policy: why has this decision been taken, and what are its implications? And what is the Court's own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts? The contributions to this volume show that the Court's influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States, and second from its insistence on the autonomy of the EU legal order and its role as 'gatekeeper' to the entry and effect of international law into the EU system. It has not - in the external domain - overtly exerted influence through shaping substantive policy, as it has, for example, in relation to the internal market. Nevertheless the rather 'legalised' nature of EU external relations and the significance of the EU's international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state. And of course its decisions can nonetheless be highly political.
Author: Vernon Bogdanor
Publisher: Bloomsbury Publishing
ISBN: 1788316800
Category : Political Science
Languages : en
Pages : 252
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Book Description
Entry into the European Community in 1973 was a momentous event - with seismic consequences for the politics and constitution of Britain. Discussion of Brexit, equally momentous, has been confined almost wholly to looking at the economic consequences of Britain's withdrawal from Europe. But what will happen to the constitution? Beyond Brexit looks for the first time at the impact of Brexit on our constitution - on Parliament, on the courts, on individual rights and, above all, on the question of whether the United Kingdom can be held together. Vernon Bogdanor explores the ever-changing relationship between Britain and the European Union from the original concept of European unity after 1945 to 21st-century Euroscepticism and our exit from the European Union, and explains what the future holds for our system of government and our constitution.
