European Constitutional Language

Author: András Jakab

Publisher: Cambridge University Press

ISBN: 1107130786

Category: Law

Page: 488

View: 1122

Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.

European Constitutional Law

Author: Robert Schütze

Publisher: Cambridge University Press

ISBN: 1107376033

Category: Law

Page: N.A

View: 6575

The European Union has existed for over half a century. Having started as the 'Europe of the Six' in a specific industrial sector, the Union today has twenty-seven Member States and acts within almost all areas of social life. The Union's constitutional structures have evolved in parallel with this immense growth. Born as an international organisation, the Union has developed into a constitutional Union of States. This textbook analyses the constitutional law of the European Union after Lisbon in a clear and structured way. Examining the EU through a classic constitutional perspective, it explores all the central themes of the course: from the history and structure of the Union, the powers and procedures of its branches of government, to the rights and remedies of European citizens. A clear three-part structure and numerous illustrations will facilitate understanding. Critical and comprehensive, this is required reading for all students of European constitutional law.

The National Courts' Mandate in the European Constitution

Author: Monica Claes

Publisher: Bloomsbury Publishing

ISBN: 1847312187

Category: Law

Page: 818

View: 9134

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.

Political Theory and the European Constitution

Author: Lynn Dobson,Andreas Follesdal

Publisher: Routledge

ISBN: 1134297041

Category: Political Science

Page: 240

View: 3858

In June 2003, the Convention on the Future of Europe released what may become the Constitution of the European Union. This timely volume provides one of the first critical assessments of the draft Constitution from the vantage point of political theory. The work combines detailed institutional analysis with normative political theory, bringing theoretical analysis to bear on the pressing issues of institutional design answered - or bypassed - by the draft Constitution. It addresses several themes that play out differently in federal arrangements than in unitary political orders: * European values, especially the legitimate role of alleged common values * liberty and powers - how does the draft Constitution address competing normative preferences? * the European interest: the noble words regarding common European objectives and values are often muddled or conflated, different actors intending quite different things. Several chapters contribute to clarifying the different senses of these terms.

Understanding the European Constitution

An Introduction to the EU Constitutional Treaty

Author: Clive H. Church,David Phinnemore

Publisher: Routledge

ISBN: 1134227671

Category: Political Science

Page: 202

View: 8276

The European Union is now entering a crucial phase as the ratification process accelerates and key debates and referenda take place in existing and potentially new member states. The Union’s Constitutional treaty is often cast as either a blueprint for a centralized and protectionist super-state or as the triumph of Anglo-Saxon economics. Yet it has been little read, particularly in the United Kingdom. This book puts this right by publishing the full text of the crucial first part of the document and showing that it does not justify either of the extreme interpretations imposed on it. Written by two experts of the treaties, Understanding the European Constitution sets the Constitutional Treaty in context, examining its main themes and content and considering the implications of any rejection. It does this in uncomplicated language and with the help of explanatory tables and a glossary. Those who wish to make a considered verdict on the basis of the facts will find it invaluable.

Constitutional Crisis in the European Constitutional Area,

Theory, Law and Politics in Hungary and Romania

Author: Armin von Bogdandy,Pal Sonnevend

Publisher: Bloomsbury Publishing

ISBN: 1782253343

Category: Law

Page: 326

View: 3448

The concept of a European Constitutional Area has been used in legal scholarship to describe a common space of constitutionalism where national and international constitutional guarantees interact to maintain the common constitutional values of Europe. This concept has not yet been tested in a case where the constitutional order of a Member State of the European Union seems to develop systemic deficiencies. The present volume aims to assess recent constitutional developments in Hungary and Romania, as well as the interplay of national, international and European constitutionalism which react to the loopholes in national constitutions. Accordingly, a core part of the volume is an in-depth analysis of the situation in Hungary and Romania. Based on that, the volume offers an account of the different reaction mechanisms of the European Union and of the Council of Europe. Beyond a detailed stock-taking of these mechanisms, their legal and political frameworks are explored, as well as different ways to extend their reach. In this way, the volume contributes to a little-studied aspect of European constitutionalism.

Constitutional Pluralism in the European Union and Beyond

Author: Matej Avbelj,Jan Komárek

Publisher: Bloomsbury Publishing

ISBN: 1847318916

Category: Law

Page: 452

View: 2183

Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders - most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the 'traditional' European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states. The book collects contributions taking opposing perspectives on constitutional pluralism - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it. While some authors can be called 'the founding fathers of constitutional pluralism', others are young academics who have recently entered the field. Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching our existing understanding of the concept in current scholarship.

Principles of European Constitutional Law

Author: Armin von Bogdandy,Jürgen Bast

Publisher: Bloomsbury Publishing

ISBN: 1847317847

Category: Law

Page: 856

View: 5149

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

The Emerging Constitutional Law of the European Union

German and Polish Perspectives

Author: Adam Bodnar,Michal Kowalski,Karen Raible,Frank Schorkopf

Publisher: Springer Science & Business Media

ISBN: 9783540404248

Category: Law

Page: 595

View: 383

Young lawyers from different academic centres in Germany and Poland comment on the ongoing constitutional debate in the EU. Each of the more than 20 articles is dedicated to a specific theme, i.e. human rights, institutional design, current and future function of the EU, homogeneity and identity, security and defence policy, home policy and common values. Similarities as well as differences in the perspectives of an old EU Member State on the one hand and an EU Member State-to-be on the other hand are revealed.

The Making of a European Constitution

Judges and Law Beyond Constitutive Power

Author: Michelle Everson,Julia Eisner

Publisher: Routledge

ISBN: 1134070675

Category: Law

Page: 256

View: 9406

An original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of ‘procedural’ constitutionalism. Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial ‘identification’ of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a ‘mythology’ of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that are to be found within any society; but must always, also, maintain the integrity and autonomy of the law itself. European judges and lawyers, having been denied recourse to all forms of constitutional mythology, provide us with an alternative model of constitutionalism; one that does not require a founding myth of constitutional settlement, and one which both secures the autonomy of law, as well as ensures dialogue between law and society. This occurs, however, not through grand theories of ‘constitutional adjudication’ but, as The Making of a European Constitution documents, rather through a practical process.

Governing Europe under a Constitution

The Hard Road from the European Treaties to a European Constitutional Treaty

Author: Herm.-Josef Blanke,Stelio Mangiameli

Publisher: Springer Science & Business Media

ISBN: 3540312919

Category: Law

Page: 492

View: 6286

The volume contains articles from high-ranking experts from politics and academia of different Member States about the basic principles of the actual constitutional law of the European Union and its need of reform through a Constitution for Europe. By analysing the rules to govern a Europe of 25 and in time 28 and more Member States the publication intends to make a contribution to the emerging "Ius Publicum Europaeum".

Problems of Legitimisation of a European Constitution Against the Background of Modern Concepts of Identity

Author: Anna Katharina Hardt

Publisher: N.A

ISBN: 9783640628711


Page: 116

View: 7536

Master's Thesis from the year 2009 in the subject Politics - International Politics - Topic: European Union, grade: 1,0, University of Flensburg, language: English, abstract: The present thesis seeks to explore the relationship between a European Constitution and European identity. In order to approach this task comprehensively, a literature review has been conducted. In this context, both primary and secondary literature from the political, social and legal sciences has been discussed. During the European integration process, calls were to be heard of a European Constitution. After the Treaty of Nice in 2001, the Member States established a European Convention in 2002 / 2003. This Convention produced a Draft Constitutional Treaty which was to be ratified by the Member States. The "no" from France and the Netherlands showed that only because the reform was objectively worth approval because it strengthened the democratic legitimacy in both primary and secondary European law, the acceptance by the Union's citizens is not necessarily guaranteed. This factual acceptance is not only concerned with legitimacy in a juridical sense but also with legitimacy in a sociological sense. The question arises which motivations might make the subjects factually accept the authority. Identity includes a feeling of belonging and empathy as a basis for solidarity and loyalty towards the object of identification. Collective identity has two important functions: substitute and sacrifice. Both play an important role in connection with acceptance or rejection of a system - and this also applies to the European Union. It will be shown that the emotional and cognitive levels of legitimisation are very closely intertwined. Additionally, the Constitutional Treaty will be discussed regarding identity-divisive elements. In the end, the potential of these elements to promote European identity shall be investigated.

The Rise and Fall of the European Constitution

Author: NW Barber,Maria Cahill,Richard Ekins

Publisher: Bloomsbury Publishing

ISBN: 1509910999

Category: Law

Page: 248

View: 6370

The Draft European Constitution was arguably both an attempt to constitutionalise the Union, re-framing that project in the language of the state, and an attempt to stretch the boundaries of constitutionalism itself, re-imagining that concept to accommodate the sui generis European Union. The (partial) failure of this project is the subject of this collection of essays. The collection brings together leading EU constitutional scholars to consider, with the benefit of hindsight, the purportedly constitutional character of the proposed Constitutional Treaty, the reasons for its rejection by voters in France and the Netherlands, the ongoing implications of this episode for the European project, and the lessons it teaches us about what constitutionalism really means.

The European Charter for Regional Or Minority Languages and the French Dilemma

Diversity V. Unicity--which Language(s) for the Republic?

Author: N.A

Publisher: Council of Europe

ISBN: 9789287152145

Category: Social Science

Page: 144

View: 6690

The European Charter for Regional or Minority Languages has been in force since 1998, but in France it has caused a heated debate and it has not been ratified. The questions raised include: should French regional languages be afforded protection? Is there a danger that their protection could lead to an assertion of regional identity that could threaten the cohesiveness of the state? Is there a threat to the official language? Can applying the principles of the charter, without going through the ratification process, effectively protect regional or minority languages? This colloquy sought to provide answers to these questions.

A Union of Diversity

Language, Identity and Polity-Building in Europe

Author: Peter A. Kraus

Publisher: Cambridge University Press

ISBN: 1139469819

Category: Political Science

Page: N.A

View: 9814

The European Union's motto 'United in Diversity' contrasts with the cultural standardization entailed in the formation of nation-states and the forging of political identities in Europe. So what does being 'united in diversity' mean? Focusing on language politics and policies, this book offers a thorough assessment of the implications of cultural and linguistic diversity for the process of constructing a European polity. It sheds light on some of the most pressing problems associated with contemporary identity politics. It is often claimed that the recurrent celebration of diversity in Europe's programmatic declarations has an effective political impact. Kraus offers a critical analysis of how the EU has responded to the normative challenge of creating an institutional frame for integration which allows cultural differences to be transcended without ignoring them.

National Politics and European Integration

From the Constitution to the Lisbon Treaty

Author: Maurizio Carbone

Publisher: Edward Elgar Publishing

ISBN: 1849805148

Category: Political Science

Page: 243

View: 3221

This book discusses the domestic politics of treaty reform in the European Union, from the failed referendums on the Constitutional Treaty held in France and the Netherlands in May-June 2005 to the entry into force of the Treaty of Lisbon in December 2009. The chapters, written by some of the finest scholars in the field of EU/European politics, show how European integration has increasingly become a contested issue in a majority of Member States. Going beyond the view that national governments are the main, if not the sole, driving force in the process of European integration, this book shows that other actors and factors have played a central role in preference formation and inter-state bargaining. These include: political parties, public opinion, the media, presidents, constitutional courts and, more broadly, political systems, ratification hurdles and the general negotiation context. National Politics and European Integration combines empirical analysis and theoretical explanations for one of the most controversial periods in the history of the European Union. This important book will be of great interest for advanced students in EU studies, comparative politics and public policy.