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Author: Peter Kurrild-Klitgaard
Publisher:
ISBN:
Category :
Languages : en
Pages : 19
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Book Description
Author: Peter Kurrild-Klitgaard
Publisher:
ISBN:
Category :
Languages : en
Pages : 19
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Book Description
Author: Joakim Nergelius
Publisher: Europa Law Publishing
ISBN: 9789089520623
Category : Law
Languages : en
Pages : 140
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Book Description
This book discusses the future steps in European integration, which are to be taken after the likely entry into force of the Lisbon Treaty in 2010. Against the background of the drafting of this new treaty, and the constitutional discussion within EU law during the last decades, the book questions whether the Treaty and leading EU law theorists have really grasped and addressed the true future challenges of European integration. Instead of always trying to balance supra-nationalism and inter-governmentalism, and seeing the EU as less democratic than a nation-state, at least the doctrine ought to embrace the most characteristic trait of European integration - namely supra-national decision-making - and discuss its future potential. In the book, recent changes in EU constitutional law and constitutional theory are observed. Leading EU theorists - such as Weiler, Majone, and Habermas - are critically analyzed, with a view to their inability to see the EU today for what it really is. Finally, alternative strategies for the next decades are discussed, which may make the EU work more efficiently and, at the same time, bridge the gap between the Union and its citizens.
Author: Joseph Weiler
Publisher: Cambridge University Press
ISBN: 9780521585675
Category : Law
Languages : en
Pages : 384
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Book Description
Joseph Weiler presents essays written during the 1990s on issues related to European constitutional law. In a series of highly accessible discussions concerning the legal framework of the European Communities and the European Union, Professor Weiler describes the gradual strengthening of transnational European institutions at the expense of national legislators. Although individuals as legal consumers have been empowered by Community law, he writes, this has been at the expense of their rights as citizens. The Constitution of Europe thus provides from a legal perspective a balanced and authoritative critique of the attractions and demerits of the goal of European integration.
Author: Rainer Arnold
Publisher: Springer
ISBN: 9401774714
Category : Law
Languages : en
Pages : 199
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Book Description
The book considers the changes which national sovereignty has undergone through the supranational European integration. In various contributions by renowned academics and high judges demonstrate the serious impacts of supranationality on the EU member states and even on third countries which are connected with the EU by international treaties. It becomes clear that primacy of EU law, the most significant expression of supra-nationality, collides with national sovereignty as anchored in the national constitutions. The studies clearly show that most member states do not fully deny EU law primacy but are aware of the need to find an adequate balance between the supranational and the national orders. The result from the analyses of the authors from various European countries is that the upcoming constitutional paradigm is “constitutional identity”, a concept established by jurisprudence in Germany, France, Czech Republic (without being named so) and debated also in Poland which, herself, denies supranational impact on the national Constitution entirely. Studies on selected EU member states clarify the specific national approaches towards the limitations of their sovereignty as developed by the constitutional jurisprudence (Poland, Czech Republic, Hungary, Romania, Italy, Germany with comparative references to United Kingdom and France). It is illuminated that traditionally strong sovereignty concepts (UK, France) are considerably relativized and functionally opened towards the integration challenges. Basic issues are furthermore reflected, such as the supranational impact on the State’s power to reform its Constitution, the relation of national and constitutional identity and the national and supranational perspectives of identity. The book also includes Europe beyond the EU by research on the supranational character of association treaties (from a Ukrainian perspective) and on the Europeanization of a third country preparing EU membership (Albania).
Author: Giandomenico Majone
Publisher: OUP Oxford
ISBN: 0191534390
Category : Political Science
Languages : en
Pages : 256
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Book Description
If one lesson emerges clearly from fifty years of European integration it is that political aims should be pursued by overtly political means, and not by roundabout economic or legal strategies. The functionalist strategy of promoting spillovers from one economic sector to another has failed to achieve a steady progress towards a federal union, as Jean Monnet and other functionalists had hoped. On the other hand, the unanticipated results of 'integration through law' have included over-regulation and an institutional framework which is too rigid to allow significant policy and institutional innovations. Thus, integration by stealth has produced sub-optimal policies and a steady loss of legitimacy by the supranational institutions. Both the functionalist approach and the classic Community Method are becoming obsolete. This major new statement from a leading European scholar provides the most thorough analysis currently available of the pitfalls and ambiguities of 50 years of European integration, without losing sight of its benefits. Majone provides a clear demonstration of how a number of European policies - including environmental protection - lack a logically defensible rationale, while showing how, in other cases, objectives may be better achieved by re-nationalizing the policy in question. He also shows how, in an information-rich environment, co-ordination by mutual adjustment becomes possible, meaning that member states are no longer as dependent on central institutions as in the past. He explains how the challenge for future research is to investigate methods-other than delegation to supranational institutions-by which member states can credibly commit themselves to collective action. Dilemmas of European Integration concludes by explaining exactly why the model of a United States of Europe is bound to fail-not just due to lack of popular support, but because it finds itself unable to deliver the public goods which Europeans expect to receive from a full fledged government. Although failing as a would-be federation, the present Union could become an effective confederation, built on the solid foundation of market integration. The new Constitutional Treaty, Majone argues, seems to point in this direction.
Author: Thomas Christiansen
Publisher: Bloomsbury Publishing
ISBN: 1137102810
Category : Political Science
Languages : en
Pages : 288
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Book Description
Enlargement and treaty reform have moved Europe's constitutional debate into the political spotlight. This important new text outlines the main themes of constitutional debate in the EU, analyzes formal and informal constitution-building since the early days of European integration, and introduces the actors and structures behind treaty change.
Author: Massimo Fichera
Publisher: Routledge
ISBN: 1317078438
Category : Law
Languages : en
Pages : 332
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Book Description
European integration is an open-ended, ongoing process which has been deeply challenged by integral world capitalism. This study explores the present EU foundational dilemma, looking at the problematic relationship between the ideal model of integration and the reality of the 21st century. Including contributions from leading theorists, this volume explores the ways and extent to which the present European crisis could create a politico-legal space for new possibilities and opportunities for action. The authors discuss the current role of the EU, and whether it aspires to be a democratic polity or a functional organization based on inter-governmental bargaining. The chapters question whether the future of European integration after the crisis will be paved by decisions which conflict with its Treaty basis, and how it might come up with alternatives which would do more than echo the compulsions of the global market. Issues are analysed from a historical perspective to see what can be learnt from its past and to explore the options for the future. With contributions from prominent international legal and political scholars, the book will be of interest to academics, students and policy-makers working in these areas.
Author: Fernando Mendez
Publisher:
ISBN: 9781139985536
Category : Electronic books
Languages : en
Pages : 267
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Book Description
"Why have referendums on European integration proliferated since the 1970s? How are referendums accommodated within member states' constitutional orders and with what impact on the European integration process? What is the likely institutional impact of referendums on the future of the European integration process? Drawing on an interdisciplinary approach, these are just some of the fundamental questions addressed in this book. The central thesis is that the EU is faced with a 'direct democratic dilemma', which is compounded by the EU's rigid constitutional structure and a growing politicisation of the referendum device on matters related to European integration. Referendums and the European Union discusses how this dilemma has emerged to impact on the course of integration and how it can be addressed"--
Author: Sonja Puntscher Riekmann
Publisher: Springer Science & Business Media
ISBN: 3531900951
Category : Political Science
Languages : en
Pages : 263
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Book Description
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.
Author: Bojan Kovacevic
Publisher: Routledge
ISBN: 1317138996
Category : Political Science
Languages : en
Pages : 310
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Book Description
The hidden federal features of the European Union help explain the challenges of legitimacy, democracy and freedom that face an unfinished political community. Ideas about federalism and the reality of existing federal states cannot be sharply divided in an analysis of the EU’s multilevel political order, but so far, both scholars and major decision makers have shown interest only in the normal functioning of federal systems: ignoring the dilemma of the federation’s legitimate authority has resulted in an existential crisis for the EU which has become ever more manifest over recent years. This book employs a combination of political philosophy and political science, of federal philosophic ideas and their traces in real federal institutions, in order to achieve the task of understanding the federal features of the EU governance system. The first part of the work focuses on building an appropriate theoretical framework to explain the new meanings attached to familiar notions of democracy, legitimacy and citizenship in the context of a political community like the EU. In the second part the federal features of the EU’s political system are examined in comparison to other current and historical federal perspectives like the US, Switzerland, Yugoslavia and Germany. Through an analysis of the hidden federal aspects of the EU and the links between hidden federalism and the EU’s legitimacy crisis, this book reveals the patterns that should be avoided and gives us guidelines that should be followed if the EU is to become democratic and politically united without jeopardising the state character of its members.
