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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: David Nederlof
Publisher:
ISBN: 9789462512214
Category :
Languages : en
Pages : 356
Get Book Here
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: D.B. Nederlof
Publisher:
ISBN: 9789462512207
Category :
Languages : nl
Pages :
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Book Description
Author: Walter van Gerven
Publisher: Stanford University Press
ISBN: 0804767602
Category : Law
Languages : en
Pages : 420
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Book Description
This book provides a general introduction to the European Union (EU) as an ever closer union of states and peoples. It describes how, from its origin in 1958 as an economic community of six states, the EU has grown into a political entity of 25 states with a population of more than 450 million. It also explains the constitution-making process that is currently taking place—with a draft constitution now being submitted for ratification by the 25 member states. The book shows how the distinctive features of a democratic polity that characterize the separate EU member states are gradually replicated in the European Union and how the Union is on its way to becoming a democratic polity of its own kind. Van Gerven writes from a legal perspective, with an eye to political theory and recent American and European history, and with a diverse readership from both sides of the Atlantic in mind.
Author: Dimitry Kochenov
Publisher: Kluwer Law International B.V.
ISBN: 9041126961
Category : Law
Languages : en
Pages : 402
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Book Description
Among the criteria for accession to the European Union are democracy and the Rule of Law. In the insightful analysis offered by the author of this book, these concepts - while admirable and even necessary criteria in principle - are almost impossible to measure, and any judgement grounded in them will always be difficult to justify. In his words, 'by including analysis of democracy and the Rule of Law within the field of the EU enlargement law, the Union entered an unstable terrain of vague causal connections and blurred definitions.' Dr Kochenov addresses this problem by proceeding as follows: 1. Outlining EU enlargement law in general, including the principle of conditionality and the role played by the analysis of democracy and the Rule of Law in enlargement preparation; 2. Focusing on the role actually played by the monitoring of democracy and the Rule of Law in ten candidate countries, scrutinizing the way the EU used the legal tools and competences outlined in its enlargement law. The book adopts the EU's own understanding of democracy and the Rule of Law, as derived directly from the substance of the numerous legal and political instruments issued by the Community Institutions and especially the Commission in the course of the pre-accession process. In this way it demonstrates the actual - as opposed to the officially announced - role played by the assessment of democracy and the Rule of Law in the candidate countries in the regulation of enlargement. Many formidable inconsistencies in the application of the conditionality principle are thus laid bare. This leads the author to a series of recommendations on policy and procedure that he demonstrates could be profitably applied to the regulation of current and future accessions, using the Commission's own structure of monitoring pre-accession reforms in the three areas of the legislature, executive, and judiciary in candidate countries. The probity and soundness of these recommendations, firmly grounded as they are in the actual pre-accession monitoring and its consequences for the pre-accession progress of ten Eastern European countries admitted to the EU in 2004 and 2007, will greatly interest policymakers and scholars concerned with the future of European integration.
Author: Giovanni Boggero
Publisher: BRILL
ISBN: 9004347240
Category : Law
Languages : en
Pages : 350
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Book Description
In Constitutional Principles of Local Self-Government in Europe Giovanni Boggero offers a meticulous account of the defining features of European constitutional local government law using both an international and comparative law perspective. The book argues that differences between local government systems in Europe, typical examples of internal affairs of a State, can be smoothed away by construing a consistent system of constitutional principles to be coherently applied at domestic level across the whole European legal space. This system can be best grasped by looking at the European Charter of Local Self-Government, which embodies a concept of self-government rooted in common legal traditions, and at its subsequent practice within the Council of Europe.
Author: Michael Emerson
Publisher: CEPS
ISBN: 9290795921
Category : Democracy
Languages : en
Pages : 241
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Book Description
Approaches democratization of the European neighbourhood from two sides, first exploring developments in the states themselves and then examining what the European Union has been doing to promote the process.
Author: D. Phinnemore
Publisher: Springer
ISBN: 1137367873
Category : Political Science
Languages : en
Pages : 168
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Book Description
Detailed and comprehensive analysis of how the Treaty of Lisbon emerged in 2007 this book explores the role played by the German Council Presidency and the EU's institutional actors in securing agreement among the leaders of member states on an intergovernmental conference as well as a new treaty text to replace the rejected Constitutional Treaty.
Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 420
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Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
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: 1107172195
Category : Law
Languages : en
Pages : 325
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Book Description
The first book to jointly analyse withdrawal of a member state from the EU (i.e. Brexit) and territorial secession.
