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The Dynamics Of The Eu Integration And The Impact On The National Constitutional Law
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Book Synopsis The Dynamics of the EU Integration and the Impact on the National Constitutional Law by : Paola Bilancia
Download or read book The Dynamics of the EU Integration and the Impact on the National Constitutional Law written by Paola Bilancia and published by Giuffrè Editore. This book was released on 2012 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Limitations of National Sovereignty through European Integration by : Rainer Arnold
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 197 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).
Book Synopsis Economic and Social Integration by : Dagmar Schiek
Download or read book Economic and Social Integration written by Dagmar Schiek and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Dagmar Schiek has written a timely and vital book. Following financial and sovereign debt crises, the European Union is in crisis. As responses to crisis – for example fiscal union – appear to be couched in wholly technocratic terms, a European public is entitled to ask whether the European Union has any respect for established national traditions of social constitutionalism and social welfare. Dagmar Schiek addresses these questions, both in a historical and contemporary context of social constitutionalism, arguing forcefully for the need to establish social legitimacy within Europe. I recommend this book to all researchers and students of European Union.' – Michelle Everson, Birkbeck College, University of London, UK 'Is there a "European social space"? What is the place of "social integration" alongside "economic integration" in the EU? Has a "socially embedded constitutionalism" been developed in parallel with the internal market case law of the CJEU? Dagmar Schiek in her comprehensive and interdisciplinary study gives refreshing new answers under the recent Lisbon Treaty.' – Norbert Reich, Universität Bremen, Germany 'At a time of crisis and therefore a crucial juncture in European politics, Dagmar Schiek offers us an inspiring vision of the potential of the European Union. In her brilliant study, she exposes the obstacles that economic integration has posed for achievement of social justice, and provides a bold solution. Rejecting more limited models of constitutionalism, she presents a convincing alternative which is socially embedded, allowing space for action by manifold actors at multiple levels of governance.' – Tonia Novitz, University of Bristol, UK This well-researched book analyses the positioning of EU constitutional law towards economic and social integration by contrasting liberal and socially embedded constitutionalism. The book draws on a unique content and discourse analysis of all Grand Chamber decisions on substantive EU law since May 2004. It finds the EU's 'judicial constitution' to be more nuanced and more uniform than expected. While the Court of Justice enforces the constitution of integration, it favours economic freedoms under mainly liberal paradigms, but socially embeds constitutionalism in citizenship cases. The 'judicial constitution' contrasts with EU Treaties after the Treaty of Lisbon in that their new value base enhances European social integration. However, the Treaties too seem contradictory in that they do not expand the EU's competence regime accordingly. In the light of these contradictions, Dagmar Schiek proposes a 'constitution of social governance': the Court and EU institutions should encourage steps towards social integration at EU level to be taken by transnational societal actors, rather than condemn their relevant activity. Economic and Social Integration will appeal to academics and postgraduate students in EU law, EU politics, European sociology, international relations, international law, labour law, and welfare state theory. Undergraduate students in labour law, policy advisors on EU social policy and welfare state, government departments and EU Commission departments will also find much to interest them in this book.
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 National Constitutions and EU Integration by : Stefan Griller
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.
Book Synopsis EU Law and National Constitutions by : Alberto Nicòtina
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.
Book Synopsis Constitutional Evolution in Central and Eastern Europe by : Alexander H.E. Morawa
Download or read book Constitutional Evolution in Central and Eastern Europe written by Alexander H.E. Morawa and published by Routledge. This book was released on 2016-12-14 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines EU enlargement by studying how domestic constitutional evolution in the new member states contributes to European integration. In contrast to the usual top-down analytical pattern, it reverses the paradigm by looking at constitutional developments and dynamics from the bottom-up, studying how domestic constitutional evolution contributes to European integration. The authors analyze constitutional trends from the perspective of 'new Member States' as policy-makers and not strictly as policy-takers. The issue of conditionality is also explored in a discussion of the extent to which pre-2004 and 2007 conditionality has had lasting effects at the level of constitutionalization of different areas and norms and if so, of what kind. The exploration of Europeanization effects in recent Member States substantiates and demonstrates how enlargement has been an important driving-force for the effective export of EU legal rules in this region. The book utilizes a comparative approach to highlight the merits and obstacles created by the growing diversity in the constitutional rules and patterns of the new Member States. It also contains a section that places the CEE constitutionalizing map in a broader comparative European and global context, establishing links with similar transitional regimes in the continent and elsewhere.
Author :Sonja Puntscher Riekmann Publisher :Springer Science & Business Media ISBN 13 :3531900951 Total Pages :263 pages Book Rating :4.5/5 (319 download)
Book Synopsis The Making of a European Constitution by : Sonja Puntscher Riekmann
Download or read book The Making of a European Constitution written by Sonja Puntscher Riekmann and published by Springer Science & Business Media. This book was released on 2007-08-19 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis National Constitutions in the Era of Integration by : Antero Jyränki
Download or read book National Constitutions in the Era of Integration written by Antero Jyränki and published by Springer. This book was released on 1999-02-08 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: "These papers were first presented at the annual Round Table Conference of the International Association of Constitutional Law, held at the University of Turku, Finland from 23rd-24th May 1997"--Acknowledgements.
Book Synopsis European Integration and Constitutional Law by :
Download or read book European Integration and Constitutional Law written by and published by Council of Europe. This book was released on 2001-01-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: As constitutional law has become a European issue rather than solely a domestic matter, this volume looks at the common problems that exist between domestic law and EU law in the candidate states to the EU. It also takes into account individual situations in any state, both from the institutional point of view and in material law. It contains the reports presented at a seminar organised by the European Commission for Democracy through Law, held in Cyprus in September 2000: a general report on the situation in EU member states, 11 national reports on EU candidates states, and a concluding report.
Book Synopsis EU Enlargement:The Constitutional Impact at EU and at National Level by : Alfred Kellermann
Download or read book EU Enlargement:The Constitutional Impact at EU and at National Level written by Alfred Kellermann and published by T.M.C. Asser Press. This book was released on 2001-08-15 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of this Conference concerns the impact the enlargement of the Euro pean Union has on the constitutional provisions of both levels of European ad ministration, the national and the European level. This subject is the more attractive because the 'constitutional' impact of en largement is an essential element in the context of the 'rule of law' as one of the 1 general principles of the Union. Here a relationship does exist with objectives such as a good and transparent system of governance, a democratic legislative process, an independent judiciary and an adequate system of legal protection. As to the national level, the implications membership of the Union has for the constitutional texts of the (candidate) member States have a connection with the fundamental characteristics of Community law such as priority of European law (over national law), direct applicability and direct effect. These principles reflect the interest in ensuring that European law, once applied in the national context by the public authorities or the judiciary, is made fully effective, for the benefit not only of the public authorities but also of the ordinary citizen.
Book Synopsis The Judicial Construction of Europe by : Alec Stone Sweet
Download or read book The Judicial Construction of Europe written by Alec Stone Sweet and published by OUP Oxford. This book was released on 2004-09-09 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to 'constitutionalize' the Treaty of Rome. In this book, Alec Stone Sweet, one of the world's foremost social scientists and legal scholars, blends deductive theory, quantitative analysis of aggregate data, and qualitative case studies to explain the dynamics of European integration and institutional change in the EU since 1959. He shows that the activities of market actors, lobbyists, legislators, litigators, and judges became connected to one another in various ways, giving the EU its fundamentally expansionary character. He then assesses the impact of Europe's unique legal system on the evolution of supranational governance, tracing outcomes in three policy domains: free movement of goods, sex equality, and environmental protection. The book integrates diverse themes, including: the testing of hypotheses derived from regional integration theory; the 'judicialization' of legislative processes; the path dependence of precedent and legal argumentation; the triumph of the 'rights revolution' in the EU; delegation, agency, and trusteeship; balancing as a technique of judicial rulemaking and governance; and why national administration and justice have been steadily 'Europeanized'. Written for a broad audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.
Book Synopsis The Rule of Law in European Integration by : Stuart A. Scheingold
Download or read book The Rule of Law in European Integration written by Stuart A. Scheingold and published by Quid Pro Books. This book was released on 2013-07-17 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic book about the origins of the EU and its most significant, early economic disputes and judicial resolutions. Adds a new Foreword, 2013, by Malcolm Feeley (UC Berkeley). This pathbreaking book "remains the definitive analysis of the first crucial decade of the formulation of the Constitution of Europe by at the time a little-known court. It must be read by all serious scholars of European integration." -- Malcolm M. Feeley (University of California at Berkeley), from the new Foreword. In the early days of what would become the European Union, the new entity had a weak and ill-defined legislature and executive. And the European Court of Justice, whose decisions, actions, and even inactions subtly paved the way to a continent's integration. "Scheingold showed that its efforts, deftly melding law and politics, were a success beyond mere dispute-resolution and development of legal doctrine," writes Feeley. "He was well aware that he was present at the creation of a powerful new institution. Yet he stood virtually alone in seeing what such an institution, using its power this way, could realize in terms of political integration. The resulting book was a masterpiece." The formative years of the EU relied on consensus and legal processes, and an emerging, agile Court--but not on the predictable analogy to federalization as in U.S. Constitutional law--to evolve integration and respect for a higher authority than national law. Scheingold reveals these insights by examining political activity with his in-the-trenches research more than by the customary analysis of doctrine. Presented in a modern digital presentation (and a new, affordable paperback with updated formatting), adding the new Foreword, this book is part of the Classics of Law & Society Series from Quid Pro Books. It embeds the original pagination, to enhance referencing and citations from previous printings and to allow continuity with the new print edition. Other quality Quid Pro digital features include linked endnotes, active Table of Contents, all the tables, index, and bibliographical references of the original, and proper ebook formatting.
Book Synopsis Central European Constitutional Courts in the Face of EU Membership by : Allan F. Tatham
Download or read book Central European Constitutional Courts in the Face of EU Membership written by Allan F. Tatham and published by Martinus Nijhoff Publishers. This book was released on 2013-03-21 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Central European Constitutional Courts in the Face of EU Membership explores German legal influence on other systems of constitutional justice, concentrating on the impact of the Federal Constitutional Court’s approach to EU integration on constitutional courts in Hungary and Poland.
Book Synopsis European Integration after Amsterdam by : Karlheinz Neunreither
Download or read book European Integration after Amsterdam written by Karlheinz Neunreither and published by OUP Oxford. This book was released on 2000-03-16 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: European integration is at a turning point with implications for all member states and their citizens. The Amsterdam treaty marks a shift towards constitutional issues. Integration has involved a continually evolving process of constitution making. A group of leading scholars argue that the shift towards constitutional issues is rooted not only in the issues on the European level, but also in shifting models of political and economic organisation in the member states. Paradoxically, however, this push towards integration is accompanied by a number of institutional changes and political decisions, which challenge the picture of on-going integration, and indicate a shift towards a new pluralism in the Euro-polity. The contributors address questions such as; what are the likely effects of the Amsterdam treaty changes in comparison with Maastricht?; how will these changes effect the complex balance among the governing institutions of the EU?; and what will be the implications for the lingering quest for democracy?
Book Synopsis Division of Powers in European Union Law by : Theodore Konstadinides
Download or read book Division of Powers in European Union Law written by Theodore Konstadinides and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union has flourished and expanded over the last fifty years as a unique system that lies midway between a federal state and an anarchical international system. Different actors coexist within a cooperative hegemony of Member States, and the allocation of competences and decision-making among them has always been at the centre of the integration process. In fact, demands for clearer limits to the Unionands decision-making power and enduring tension over the nature and purpose of European integration have been the key drivers of integration and change. This deeply informed and thoughtful book thoroughly examines the manner in which the principle of division of powers has developed in EU Law over the course of European integration, and casts light on the path towards a more efficient delimitation of internal competence between the main actors: namely, the European Union and the Member States. Among the topics investigated in depth are the following: the place of the andcompetence provisionsand in the current and future EU Treaty structure; the scope and limits of the powers of institutional actors involved in EU decision-making; the contribution of the Court of Justice in declaring the pre-emptive effect and overarching precedence of Community law; the role of subsidiarity as a tool for monitoring the jurisdictional limits of the Communityands legislative competence; areas where andcreeping competenceand occurs; the constitutional checks and balances available to Member States against unprecedented expansion of EU competences; and the spectre of a powerful andcoreand Europe and a andmulti-speedand Europe of pacesetters and laggards. Addressing numerous crucial issues and among them the degree of permanence of the nation-state in a context of ambiguous constitutional authority, and the width of the democratic base of the Unionands andinstitutional dynamicand of cooperation and consensus and the author lucidly describes a seeming paradox: an andever-closer unionand, with a growing democratic legitimacy, congruent with a supranational community that falls short of a fully-fledged democratic political entity. The countless perspectives and clarifications discovered along the way are sure to engage academics and policymakers working in the fields of the European integration project, and will provide ample insights and food for thought.
Book Synopsis The State of the European Union, 6 by : Tanja A. Börzel
Download or read book The State of the European Union, 6 written by Tanja A. Börzel and published by Oxford University Press. This book was released on 2003-09-04 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this volume take the dynamic interaction between law, politics and society as a starting point to think critically about recent developments and future innovations in European integration and EU studies.
