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Author : Grzegorz Pastuszko
Publisher :
ISBN 13 : 9788366454309
Total Pages : 0 pages
Book Rating : 4.4/5 (543 download)
Download or read book Constitutional Identity and European Union Axiology written by Grzegorz Pastuszko and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Alejandro Saiz Arnaiz (jurist)
Publisher :
ISBN 13 : 9781780681603
Total Pages : 0 pages
Book Rating : 4.6/5 (816 download)
Download or read book National Constitutional Identity and European Integration written by Alejandro Saiz Arnaiz (jurist) and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few years, 'national constitutional identity' has become the new buzzword in European constitutionalism. Much has been written about the concept involving the Member States' national constitutional identities: it has been welcomed for (finally) accommodating constitutional particularities in EU law, demonized for potentially disintegrating the EU, and wielded as a 'sword' by certain constitutional courts. Scholars, judges, and advocates in general have rendered the concept currently so fashionable and, yet, so ambivalent, that an in-depth analysis is warranted to put some order into the intense debate over constitutional identity. This collection brings together a series of contributions in order to shed some light into the dark corners of constitutional identity. To this end, a threefold approach has been followed: a conceptual or philosophical approach, an approach based on EU law, and an analysis of the case-law of several European courts. First, the book explores what constitutional identity means and who decides on it. Further, the contributions analyze (and at times unveil) the areas that might collide or at least interact with constitutional identity. Among other issues, the book touches upon EU law primacy , Article 53 of the Charter of Fundamental Rights, EU criminal law and the essential functions of the State, and the existence of an EU 'constitutional core' enjoyable and enforceable through EU citizenship. Finally, the book deals with the case-law of European courts on national constitutional identity, including the perspective of various national constitutional courts, such as those of Eastern and Central European Member States, the Court of Justice of the European Union, and the much-less analyzed European Court of Human Rights. (Series: Law and Cosmopolitan Values - Vol. 4)
Author : Christian Calliess
Publisher : Cambridge University Press
ISBN 13 : 1108480438
Total Pages : 393 pages
Book Rating : 4.1/5 (84 download)
Download or read book Constitutional Identity in a Europe of Multilevel Constitutionalism written by Christian Calliess and published by Cambridge University Press. This book was released on 2019-10-24 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Author : Julian Scholtes
Publisher : Oxford University Press
ISBN 13 : 019888317X
Total Pages : 241 pages
Book Rating : 4.1/5 (988 download)
Download or read book The Abuse of Constitutional Identity in the European Union written by Julian Scholtes and published by Oxford University Press. This book was released on 2023-09 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused. In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the concept of constitutional identity to further their illiberal goals. Employing a comparative theoretical perspective, his book identifies the factors behind legitimate constitutional identity claims and critically analyses the ways in which these claims can be abused. Scholtes examines abuses of constitutional identity in three distinct theoretical dimensions: generative, substantive, and relational. The generative dimension looks at how constitutional identity claims come about, while the substantive dimension examines a claim's broader relation to a normative theory of constitutionalism. The relational dimension, on the other hand, considers how constitutional identity claims are advanced and whether they are employed as a means of constitutional dialogue or constitutional disengagement.
Author : Rainer Arnold
Publisher : Springer
ISBN 13 : 9401774714
Total Pages : 199 pages
Book Rating : 4.4/5 (17 download)
Download or read book Limitations of National Sovereignty through European Integration written by Rainer Arnold and published by Springer. This book was released on 2016-02-25 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :
Publisher :
ISBN 13 :
Total Pages : 552 pages
Book Rating : 4.:/5 (939 download)
Download or read book The Constitutional Identity of Member States and the Primacy of European Union Law written by and published by . This book was released on 2013 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Giuseppe Martinico
Publisher : Taylor & Francis
ISBN 13 : 1000630692
Total Pages : 175 pages
Book Rating : 4.0/5 (6 download)
Download or read book The Tangled Complexity of the EU Constitutional Process written by Giuseppe Martinico and published by Taylor & Francis. This book was released on 2022-08-05 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a fresh view on the EU constitutionalisation process, the new edition of The Tangled Complexity of the EU Constitutional Process presents three main points: the idea of constitutional complexity, the tension between constitutional evolutionism and constitutional constructivism in the process of European integration, and the functional nature of conflicts in the evolution of the EU. Because of its prodigiousness, European law produces consternation among constitutionalists accustomed to traditional patterns of power. This book argues that while constitutional conflicts have frequently been depicted as elements of disturbance along the path towards legal coherence, they are physiological and might even be functional to the development of the European legal order, which should not be understood in a deterministic manner. The new edition will be of particular interest to academics and students in the disciplines of law, international relations, and political science.
Author : Stefan Griller
Publisher : Bloomsbury Publishing
ISBN 13 : 1509906746
Total Pages : 863 pages
Book Rating : 4.5/5 (99 download)
Download or read book National Constitutions and EU Integration written by Stefan Griller and published by Bloomsbury Publishing. This book was released on 2022-08-25 with total page 863 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do individual constitutions, and the legal cultures underlying them, pose an obstacle to future EU integration? This ambitious collection brings together reports from all the European Member States, systematically setting out their individual constitutional guarantees. In doing so, it tracks possible roadblocks to the future evolution of European integration. Written by recognised authorities in each Member State, it offers an authoritative and rigorous overview of the European Union's constitutional landscape. Its single-structure approach allows for comparison while maintaining consistency. It will become the standard reference work for academics, students and practitioners in the field of European Union law and integration.
Author : Daniel Augenstein
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book The Contested Polity written by Daniel Augenstein and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the process of European constitutionalism, the European Union continues to struggle for a constitutional identity that can generate widespread support amongst its peoples. This problem has triggered two polarised visions of a 'Christian' versus a 'secular' Europe. While the former contends a renaissance of Christian values as embedded in Europe's national constitutional traditions, the latter stresses the value of secularism as providing an allegedly neutral ground for accommodating religious diversity. I shall argue that both accounts fail to provide an accurate description of the relationship between Christian and secular values in the European states, and to develop a convincing normative vision of a European constitutional identity. More precisely, proponents of an either Christian or secular European constitutional identity misperceive the way Christianity and secularism have mutually influenced each other in the process of nation-building; do not recognise that the European nation-states build on hybrid constitutional traditions that continue to endorse both Christian and secular values; are parasitic on a parochial view of national culture that fails to transcend the normative horizon of the nation-state towards a supra-national European perspective. Distinguishing between 'constitutional identity' and 'constitutional tradition' I submit that a European constitutional identity must define its own stance on the relationship between religious and secular values that is only collaterally connected to Europe's national constitutions: for the purpose of a European constitutional identity, national constitutional traditions cannot serve as justifications for curtailing religious claims for recognition in the European public sphere; at the same time, a European constitutional identity does not encroach on the epistemic core of national constitutional identities. This, finally, nurtures the hope that the European Union will one day live up to its self-perception of an open and pluralistic polity.
Author : Jurgen de Poorter
Publisher : Springer Nature
ISBN 13 : 9462655952
Total Pages : 236 pages
Book Rating : 4.4/5 (626 download)
Download or read book European Yearbook of Constitutional Law 2022 written by Jurgen de Poorter and published by Springer Nature. This book was released on 2023-07-25 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This fourth volume of the EYCL addresses the underexplored and contentious topic of whether the EU possesses a constitutional identity of its own. To date, the main focus of scholarship and case law concerns the constitutional identities of the Member States of the EU. This is because the EU has to respect such identities according to article 4(2) TEU. The attention for Member States’ constitutional identities stands in stark contrast to the notion of an EU constitutional identity. Such an identity features very little in the literature and debate on constitutional identity and the legal architecture of the EU. Consequently, this edition of the EYCL addresses the gap in legal research by studying constitutional identity with a focus on the EU itself. The book explores various views on whether the EU possesses such an identity and what any possible identity might entail. In this way, a fuller and more inclusive picture can be formed of constitutional identity as it relates to the multilevel constitutional order inhabited by the EU and its Member States. This volume will be of special interest to constitutional and legal scholars who are interested in EU and national constitutional law, as well as to political scientists. In addition, the book is relevant for judges, government officials, judges and policy-makers who work with EU (constitutional) law and its relationship with national (constitutional) law. Jurgen de Poorter is State Councillor at the Dutch Council of State and professor at Tilburg Law School, Department of Public Law and Governance. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is assistant professor at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore. Ingrid Leijten is professor at Tilburg Law School, Department of Public Law and Governance. Charlotte van Oirsouw is PhD researcher at Utrecht University, Department of Constitutional and Administrative Law.
Author : Alberto Nicòtina
Publisher : Taylor & Francis
ISBN 13 : 1003807968
Total Pages : 343 pages
Book Rating : 4.0/5 (38 download)
Download or read book EU Law and National Constitutions written by Alberto Nicòtina and published by Taylor & Francis. This book was released on 2023-12-04 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth guide to researchers and practitioners who are interested in analyzing the evolution of EU law from a national and comparative constitutional law perspective. The volume deals with questions of how EU Member States’ constitutional systems, including the subnational tier, interact with the supranational level. It maps the evolution over time of constitutional strategies in the face of multi-level governance and individuates contextual factors on an empirical basis. The volume includes twelve national reports written by leading experts in constitutional and EU law, and in political science. The countries discussed include the six founding Member States, together with a selection of Member States in which a clear-cut evolution in the national constitutional approach towards the EU can be observed. These include the Czech Republic, Denmark, Hungary, Poland, Portugal and the United Kingdom. The latter is included as an “extreme” case in which the change in constitutional strategy over time has resulted in withdrawing from the Union altogether. Taken together, the book assembles the building blocks of an explanatory theory of constitutional strategies in the face of multi-level governance. The volume will be of interest to students and researchers in comparative constitutional law, political science and multidisciplinary EU studies. It will also be a valuable resource for policy-makers.
Author : Michel Rosenfeld
Publisher : Routledge
ISBN 13 : 1135253277
Total Pages : 324 pages
Book Rating : 4.1/5 (352 download)
Download or read book The Identity of the Constitutional Subject written by Michel Rosenfeld and published by Routledge. This book was released on 2009-10-16 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.
Author : Gráinne De Búrca (jurist.)
Publisher :
ISBN 13 :
Total Pages : 38 pages
Book Rating : 4.3/5 (91 download)
Download or read book The EU Constitution written by Gráinne De Búrca (jurist.) and published by . This book was released on 2005 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a lecture presented by the author, this book analyzes how the treaty establishing a constitution for Europe adds to Europe's search for an international identity. De BÃ?°rca submits that the boldest of the novel features of the new constitution, and the weight of significance of the changes which it has introduced, lie in the external domain. She launches the challenging question whether the emphasis on Europe's "global role" and its international identity will be the factor that ultimately will be capable of triggering the public imagination in such a way as to generate sufficient support for the ratification of the constitution and-in the long term-to generate a sense of European solidarity, rather than the internally focussed changes brought about by the constitutional treaty.
Author : Julian Scholtes
Publisher :
ISBN 13 :
Total Pages : 251 pages
Book Rating : 4.:/5 (13 download)
Download or read book The Abuse of Constitutional Identity written by Julian Scholtes and published by . This book was released on 2022 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Constitutional identity' has become a key argument in the negotiation of authority between national legal orders and the legal order of the European Union. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. However, the rise of 'illiberal democracies' within the European Union, especially exemplified by the democratic backsliding of Hungary and Poland, has put constitutional identity into a questionable spotlight. Both countries have been leaning on the constitutional identity to both erode European legality and defend their authoritarian constitutional projects againstEuropean criticism. This dissertation deals with the question of how to delimit legitimate invocations of constitutional identity from abuses of constitutional identity. It develops a typology of constitutional identity abuse in three dimensions: The generative, the substantive, and the relational. The generative dimension is concerned with how a constitutional identity claim has come about, its relation to constituent power, constitutional enactment and amendment, the independence of courts, and the regulation of historical memory. The substantive dimension deals with what a constitutional identity claim entails, digging into the normative expectations invoked by the concept and the ways in which it ought to be regarded as intertwined with and embedded in a normative conception of constitutionalism. Finally, the relational dimension is concerned with how a constitutional identity claim is advanced. Advancing a constitutional identity claim in the European legal space evokes notions of diversity, dialogue, recognition, and pluralism, which need to be reciprocated. In each of these dimensions, ways in which constitutional identity can be abused will be identified, using Europe's 'backsliding democracies' Hungary and Poland as the primary case studies, while discussing other countries where appropriate.
Author : Yann Lorans
Publisher :
ISBN 13 :
Total Pages : 57 pages
Book Rating : 4.:/5 (953 download)
Download or read book The Adaptation of EU Action to the Constitutional Identity of the Member States written by Yann Lorans and published by . This book was released on 2016 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Alexandre Dupeyrix
Publisher : P.I.E-Peter Lang S.A., Editions Scientifiques Internationales
ISBN 13 : 9782875741929
Total Pages : 0 pages
Book Rating : 4.7/5 (419 download)
Download or read book European Constitutionalism written by Alexandre Dupeyrix and published by P.I.E-Peter Lang S.A., Editions Scientifiques Internationales. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions to this volume address the legal nature and structure of the European Union by focusing on the issue of European constitutionalism. Possibilities and aporias of a transnational democracy relying on elements of a European constitution are considered from a legal, philosophical and historical perspective.
Author : Paulo Barcelos
Publisher : Lisbon Philosophical Studies ¿ Uses of Languages in Interdisciplinary Fields
ISBN 13 : 9783034310833
Total Pages : 0 pages
Book Rating : 4.3/5 (18 download)
Download or read book The Long Quest for Identity written by Paulo Barcelos and published by Lisbon Philosophical Studies ¿ Uses of Languages in Interdisciplinary Fields. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The constitutionalisation of the European Union has been a major goal of European politics from the late 1980s until recently. It is supposed to enhance the citizens' feeling of belonging and give the Union a clearer political identity and legitimacy. The current euro-crisis seems to have stopped the pursuit of an «ever closer» and constitutionalised Union. National interests and intergovernmental bargaining are now at the centre of European business. While we wonder what will become of the European constitutional project, it remains worthwhile to cast additional light onto what it was supposed to be until recently and how it changed the institutional face of the Union. This volume does so by analysing the political and legal facets of constitutionalisation. Contributions delve into the debates that marked the evolution of the constitutionalisation project and its overall institutional consequences, and focus on fundamental rights protection, the implementation of the Charter of Fundamental Rights, legal conflicts between the European Court of Justice and national constitutional courts, and the legal and political balance of power between EU institutions and national authorities with regard to the defence of fundamental rights and the rule of law.
