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The Constitutional Integrity Of The European Union
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Book Synopsis The Constitutional Integrity of the European Union by : Fabian Amtenbrink
Download or read book The Constitutional Integrity of the European Union written by Fabian Amtenbrink and published by T.M.C. Asser Press. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each of the Member States of the European Union has its own constitution, which not only contains the organizational structure of the state but also includes elements that provide a sense of order and identity to the society at large. This book addresses whether new definitions of order and coherence that will be coined in European constitutional documents will replace the foundations at a national level and whether something will be lost in this transition. Useful for European and national lawyers, academics, economists, historians, political scientists and sociologists.
Book Synopsis Constitutional Law of the European Union by : Koenraad Lenaerts
Download or read book Constitutional Law of the European Union written by Koenraad Lenaerts and published by . This book was released on 1999 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides an up-to-date picture of the constitutional law of the European Union and the law governing forms of co-operation among the Member States, such as common foreign and security policy, police and judicial co-operation in criminal matter, such as schengen. The book begins by describing the pathways for integration in teh EU, outlining the substantive, temporal and territorial jurisdiction of the EU. The authors provide an exposition of the objectives and tasks of the Community, together with an analysis of the principles of legal basis, subsidiarity, proportionality and equal treatment. This is followed by an analysis of substantive European law with particular attention given to the principles of the internal market and EMU.
Book Synopsis Understanding the European Constitution by : Clive H. Church
Download or read book Understanding the European Constitution written by Clive H. Church and published by Routledge. This book was released on 2005-11-16 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Constitution for Europe by : Jean-Claude Piris
Download or read book The Constitution for Europe written by Jean-Claude Piris and published by Cambridge University Press. This book was released on 2006-03-30 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Book Synopsis The Constitution of Europe by : Joseph Weiler
Download or read book The Constitution of Europe written by Joseph Weiler and published by Cambridge University Press. This book was released on 1999-02-25 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Human Rights in Europe by : William B.T. Mock
Download or read book Human Rights in Europe written by William B.T. Mock and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Charter of Fundamental Rights provides the European Union with something it has never had before: a core human rights document. Similar in concept to the U.S. Bill of Rights, the Charter is profoundly different in execution, reflecting its own historical context and distinct European perspective on the nature of people and society. First proposed in 1999, the Charter became EU law ten years later, with the ratification of the EU Reform Treaty, also known as the Lisbon Treaty, in late 2009. With 54 articles providing fundamental rights in such diverse areas as life, equality, physical integrity, education, gender, health care, families, access to information, consumer activity, environmental protection, and access to justice, the Charter is certain to have a profound effect on what it means to be European in the 21st century. Human Rights in Europe presents an article-by-article analysis of the Charter's provisions through the work of some of Europe's leading legal scholars. The authors, who are all professors at leading Italian universities, have written insightful critiques that analyze the Charter from the social, legal, and jurisprudential contexts of existing European and international human rights law, including the constitutional law of EU member countries. Heavily footnoted, with a massive index, and including a foreword that provides a full history of the drafting and enactment of the Charter, Human Rights in Europe is an essential guide to the EU's most important human rights document. "The breadth of the sources of on which the commentaries rely is impressive... The commentaries capture the complexities of the subject matter while still being readable and giving insight into the multi-national human rights landscape. The text would make an ideal supplement in a law school classroom or a perfect addition to a legal library." -- Law & Politics Book Review
Book Synopsis The Constitutionalization of the European Union by : Berthold Rittberger
Download or read book The Constitutionalization of the European Union written by Berthold Rittberger and published by Routledge. This book was released on 2013-09-13 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previously published as a special issue of the Journal of European Public Policy, this volume presents a theory of constitutionalization as well as comparative analyses and case studies to underscore the claim that the European integration process itself engenders a democratic self-healing mechanism. There exists a consensus among academics, politicians, and the public that the European Union suffers from a ‘democratic deficit’. But how can it be resolved? This book deals with two core areas central for the development of the liberal-democratic constitutional state: the extension of the powers of representative assemblies and the institutionalization of human rights. The European Union has made remarkable progress in these two areas over the past half century. Whenever a planned step of European integration through transfers of sovereignty threatens to undermine domestic standards of parliamentary control and human rights standards, political elites in the member states regularly mobilize to counteract these developments. The proponents of the Union’s ‘constitutionalization’ regularly invoke democratic and human rights norms shared by all members of the European Union to successfully exercise moral pressure on the sceptics of further constitutionalization.
Book Synopsis The European Constitution by : Giuliano Amato
Download or read book The European Constitution written by Giuliano Amato and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.
Book Synopsis The European Union Constitutional Treaty by : Esther Brimmer
Download or read book The European Union Constitutional Treaty written by Esther Brimmer and published by Center for Transatlantic Relations Sais. This book was released on 2004 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europeans have long sought to form "an ever closer union" through the European Union and its predecessors. Can a closer union be based on the constitutional treaty signed at the June 2004 summit meeting? What will it mean for Americans? This volume offers perspectives on these questions as it reviews the process by which the treaty was concluded, compares it to the American constitution, and discusses the treaty's prospects for passage. Contributors include Stefan Fröhlich (University of Erlangen-Nuremberg), Stephen Breyer (associate justice, U.S. Supreme Court), Robert Cottrell (Financial Times), Esther Brimmer (Center for Transatlantic Relations), Günter Burghardt (Delegation of the European Commission to the U.S.), and Lamberto Dini (senator, Republic of Italy).
Book Synopsis EU Constitutional Law by : Koen Lenaerts
Download or read book EU Constitutional Law written by Koen Lenaerts and published by Oxford University Press. This book was released on 2022-01-16 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.
Book Synopsis The Making of a European Constitution by : Michelle Everson
Download or read book The Making of a European Constitution written by Michelle Everson and published by Routledge. This book was released on 2007-09-21 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Person'S Right to Integrity in the Light of the Treaty Establishing a Constitution for Europe by : Carmen Todica
Download or read book The Person'S Right to Integrity in the Light of the Treaty Establishing a Constitution for Europe written by Carmen Todica and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Incorporated in Part II of the Draft Treaty on the establishment of an European Constitution, The Chart Of Fundamental Rights of the European Union is the elaborated statement of the civil, political, economical and social rights recognized by the EU member states. It does not only contain a series of fundamental and classic rights, but also a series of rights on the current preoccupations of European citizens. Without creating new rights, which is a fact supported by its content, the Chart aims at valuating the current rights of the domestic legislation. From this point of view, the Chart can be qualified as a product of these traditions, an undertaking to synthesize the values, rights and principles shared by the member states.
Book Synopsis The Many Constitutions of Europe by : Suvi Sankari
Download or read book The Many Constitutions of Europe written by Suvi Sankari and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. The book combines diverse disciplinary approaches to the constitutional debate. It brings together complementing contributions from scholars of European politics, economics, and sociology, as well as established scholars from various fields of law. Moreover, it provides analytical clarity to the discussion and combines theory with more practical and critical approaches that make use of the constitutional toolbox in analysing the tensions between the different constitutions. The collection is a valuable point of reference not only for scholars interested in European studies but also for graduate and post-graduate students.
Book Synopsis Constitutionalizing the European Union by : Thomas Christiansen
Download or read book Constitutionalizing the European Union written by Thomas Christiansen and published by Bloomsbury Publishing. This book was released on 2009-03-31 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Constitution's Gift by : John Erik Fossum
Download or read book The Constitution's Gift written by John Erik Fossum and published by Rowman & Littlefield Publishers. This book was released on 2011-01-16 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative study considers all aspects of the European Union's distinctive constitution since its inception. A unique political animal, the EU has given rise to important constitutional conundrums and paradoxes that the authors explore in detail. Their analysis illuminates the distinctive features of the Union's pluralist constitutional construct and provides the tools to understand the Union's development, especially during the Laeken (2001–2005) and Lisbon (2007–2009) processes of constitutional reform and spells out the parallels between the European and the Canadian constitutional experiences. Offering the first history of European constitutional law that is both theoretically informed and normatively grounded, the authors have developed an original theory of constitutional synthesis that will be essential reading for all readers interested in the process and theory of European integration.
Book Synopsis The Metamorphosis of the European Economic Constitution by : Herwig C.H. Hofmann
Download or read book The Metamorphosis of the European Economic Constitution written by Herwig C.H. Hofmann and published by Edward Elgar Publishing. This book was released on 2019 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrating the ways in which the micro and macro-economic constitutions of Europe have reacted to legal measures enacted to counter the economic crisis of the past decade, this innovative book takes an interdisciplinary approach in its attempt to understand and portray the metamorphosis of the European Economic Constitution. It contains contributions from leading scholars and experts in European economic law, discussing the challenges, solutions found, problems arising and possible approaches to embed the economic constitution in the broader constitutional framework of the EU. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}
Book Synopsis EU Constitutional Law by : Allan Rosas
Download or read book EU Constitutional Law written by Allan Rosas and published by Bloomsbury Publishing. This book was released on 2018-05-17 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this acclaimed book continues the story of the EU's constitutional journey. The EU's constitution, composed of myriad legal texts, case law and practice, is no less of a moving target than before and the pace of change has, if anything, increased since the publication of the second edition. In a constantly challenging geopolitical context, the EU faces unprecedented political, economic and cultural trials, all of which impact upon the evolution of its constitution. In particular, the migration crisis has given rise to the need for substantial revision of the chapter dealing with the area of freedom, security and justice, and the institutional reforms embarked upon in the quest to restore financial order have taken a more structured form following the inception of a European banking union. Fully updated to include the ramifications of Brexit, the book succeeds – where others have struggled – in making sense of the EU's complex constitutional order, focusing on its essential features but taking into account the profound changes that have taken place over the past 20 years. The EU has become much more than an internal economic market. Recently it may even be argued that the focus of action has been in areas such as immigration and third-country nationals, security and defence policy, and penal law and procedure, and the work towards creating a European banking union underlines the continued need to monitor economic and fiscal policy. Eschewing too much detail, the authors underline the essential values, principles and objectives of the integration regime as well as its basic normative structure and hierarchy. In this context, the decentralised nature of the EU is highlighted as an integral part of its constitutional make-up. Recurring themes include European citizenship, fundamental rights and the rule of law. The book also confronts head-on the problems and challenges facing the Union and the gap which is often perceived between lofty ideals and harsh realities. The book will be useful to students of EU law and European integration but will also appeal to a broader audience of researchers and practitioners, including political scientists.
