The Unity of the European Constitution

The Unity of the European Constitution PDF Author: Philipp Dann
Publisher: Springer Science & Business Media
ISBN: 3540377212
Category : Political Science
Languages : en
Pages : 387

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Book Description
This book collects the contributions to a conference of a group of young Polish and German public law scholars on the Constitutional Law of the European Union. The articles present a multi-faceted examination of unity and its realization in the primary and constitutional law of the EU, an analysis of EU constitutional structure in the face of diversity, and the independence of EU law from international common law, among other topics.

The Unity of the European Constitution

The Unity of the European Constitution PDF Author: Philipp Dann
Publisher: Springer Science & Business Media
ISBN: 3540377212
Category : Political Science
Languages : en
Pages : 387

Get Book Here

Book Description
This book collects the contributions to a conference of a group of young Polish and German public law scholars on the Constitutional Law of the European Union. The articles present a multi-faceted examination of unity and its realization in the primary and constitutional law of the EU, an analysis of EU constitutional structure in the face of diversity, and the independence of EU law from international common law, among other topics.

Digital Constitutionalism in Europe

Digital Constitutionalism in Europe PDF Author: Giovanni De Gregorio
Publisher: Cambridge University Press
ISBN: 1316512770
Category : Law
Languages : en
Pages : 383

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Book Description
How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.

Constitutional Imaginaries

Constitutional Imaginaries PDF Author: Jiří Přibáň
Publisher: Routledge
ISBN: 1000456099
Category : Law
Languages : en
Pages : 176

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Book Description
This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.

The Oxford Handbook of the European Union

The Oxford Handbook of the European Union PDF Author: Erik Jones
Publisher: Oxford University Press
ISBN: 0199546282
Category : Political Science
Languages : en
Pages : 924

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Book Description
The Oxford Handbook of the European Union brings together numerous acknowledged specialists in their field to provide a comprehensive and clear assessment of the nature, evolution, workings, and impact of European integration.

The Principle of Loyalty in EU Law

The Principle of Loyalty in EU Law PDF Author: Marcus Klamert
Publisher:
ISBN: 0199683123
Category : Law
Languages : en
Pages : 354

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Book Description
The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.

The Making of the European Union

The Making of the European Union PDF Author: Sten Berglund
Publisher: Edward Elgar Publishing
ISBN: 9781781959008
Category : Political Science
Languages : en
Pages : 264

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Book Description
The Making of the European Union argues that the process of European integration has drifted into serious crisis, perhaps the most serious since the Danes voted against the Treaty of the European Union in 1992. Analysing the conditions for European integration, this book applies a citizens' or 'bottom-up' perspective on the integration process. The difficulties that the constitutional process has encountered illustrate the relevance of bringing public opinion into the analysis of the prospects for European integration. The book describes and analyses the historical, mental, intellectual , and attitudinal denominators of European integration, denominators that have shaped the processes so far and will continue to do so in the future. The authors apply a broad comparative perspective, where European nation-states constitute the primary units of analysis. The focus is on the foundations of European integration, public views about the EU, including various shades of Euroscepticism, and the long-term prospects of the EU. This book will appeal to a wide audience including scholars and researchers in the social sciences - particularly political science, comparative politics and European studies. The book will also be of great interest to journalists and all those involved in the EU, including policy makers and civil servants throughout the EU itself.

Sovereignty in Transition

Sovereignty in Transition PDF Author: Neil Walker
Publisher: Bloomsbury Publishing
ISBN: 1847316964
Category : Law
Languages : en
Pages : 574

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Book Description
Sovereignty in Transition brings together a group of leading scholars from law and cognate disciplines to assess contemporary developments in the framework of ideas and the variety of institutional forms associated with the concept of sovereignty. Sovereignty has been described as the main organising concept of the international society of states - one which is traditionally central to the discipline and practice of both constitutional law and of international law. The volume asks to what extent,and with what implications, this centrality is challenged by contemporary developments that shift authority away from the state to new sub-state, supra-state and non-state forms. A particular focus of attention is the European Union, and the relationship between the sovereignty traditions of various member states on the one hand and the new claims to authority made on behalf of the European Union itself on the other are examined. The collection also includes contributions from international law, legal philosophy, legal history, political theory, political science, international relations and theology that seek to examine the state of the sovereignty debate in these disciplines in ways that throw light on the focal constitutional debate in the European Union.

The Shape of the New Europe

The Shape of the New Europe PDF Author: Ralf Rogowski
Publisher: Cambridge University Press
ISBN: 1139461834
Category : Social Science
Languages : en
Pages : 7

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Book Description
The European Union and European identity were until recently the objects of separate branches of scholarship and inquiry. With the entry of Central and Eastern European members into the EU, it has become clear that the future of the European Union can no longer be considered in isolation from the future of European identity. Taking Jürgen Habermas's plea for a European constitution and a normative foundation for the European Union as its starting point, this volume brings together the ideas of distinguished scholars in philosophy, political science, sociology, history, law and theology in order to address the shifting relationship between constitutionality, political culture, history and collective identity. The book argues that the future shape of Europe will not only result from external processes of globalisation but from the interaction between these social spheres within Europe.

The European Constitution

The European Constitution PDF Author: Giuliano Amato
Publisher: Edward Elgar Publishing
ISBN: 1847206786
Category : Law
Languages : en
Pages : 329

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Book Description
'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.

Reinforcing Rule of Law Oversight in the European Union

Reinforcing Rule of Law Oversight in the European Union PDF 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.