Constitution Building In The European Union The Process Of Treaty Reforms

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This book focuses on the negotiations of what are termed the eight constitutional IGCs. These eight include the negotiations of the 1950s and 1960s on: the European Coal and Steel Community the European Defence and Political Community the European Economic Community and European Atomic Energy Community the Fouchet Plan the Single European Act the Maastricht Treaty the Amsterdam Treaty the Nice Treaty The book challenges the neofunctionalist and liberal intergovernmentalist perspectives that have been used in the past to explain the process of IGCs. The author presents an alternative perspective in the form of an incremental model to explain the nature of negotiations at all eight constitutional IGCs. It is also argued that the increasing frequency of IGC negotiations signifies a gradual institutionalisation of the process to the point where the constitutional IGC is becoming a regular feature on the EU's political landscape. Governments are locked into a process of constitutional IGCs that leaves the primary legal document of the EU in a state of perpetual reform. In turn, it is argued that the incrementalism that defines the IGC negotiations shapes the entire process of European integration and the general nature of the European Union.

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Genre : Law
Author : Brendan Smith
Publisher : Springer
Release : 2002
File : 312 Pages
ISBN-13 : STANFORD:36105060847493


The Oxford Handbook Of The European Union

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

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Genre : Political Science
Author : Erik Jones
Publisher : Oxford University Press
Release : 2012-08-30
File : 924 Pages
ISBN-13 : 9780199546282


The National Courts Mandate In The European Constitution

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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.

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Genre : Law
Author : Monica Claes
Publisher : Bloomsbury Publishing
Release : 2006-03-31
File : 818 Pages
ISBN-13 : 9781847312181


Designing The European Union

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This book outlines the content of the main treaties that form the 'constitutional' basis of the European Union and analyses changes in these over time. The EU has expanded its policy scope and taken in many more members transferring powers to common supranational institutions in a way seen nowhere else in the world.

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Genre : Political Science
Author : F. Laursen
Publisher : Springer
Release : 2012-12-15
File : 188 Pages
ISBN-13 : 9780230367579


The Rise And Fall Of The Eu S Constitutional Treaty

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This book accounts for the content and negotiation of the EU's Constitutional Treaty of 2004 as well as the failure of ratification of the treaty in France and the Netherlands in 2005. It discusses the implications of the abandonment of the treaty for the process of European integration and our understanding of that process.

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Genre : Political Science
Author : Finn Laursen
Publisher : Martinus Nijhoff Publishers
Release : 2008-07-31
File : 581 Pages
ISBN-13 : 9789004168060


Constitutionalizing The European Union

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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.

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Genre : Political Science
Author : Thomas Christiansen
Publisher : Bloomsbury Publishing
Release : 2009-03-31
File : 288 Pages
ISBN-13 : 9781137102812


How Constitutions Change

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This set of essays explores how constitutions change and are changed in a number of countries, and how the 'constitution' of the EU changes and is changed. For a range of reasons, including internal and external pressures, the constitutional arrangements in many countries are changing. Constitutional change may be formal, involving amendments to the texts of Constitutions or the passage of legislation of a clearly constitutional kind, or informal and organic, as where court decisions affect the operation of the system of government, or where new administrative and other arrangements (eg agencification) affect or articulate or alter the operation of the constitution of the country, without the need to resort to formal change. The countries in this study include, from the EU, a common law country, a Nordic one, a former communist state, several civil law systems, parliamentary systems and a hybrid one (France). Chapters on non EU countries include two on developing countries (India and South Africa), two on common law countries without entrenched written constitutions (Israel and New Zealand), a presidential system (the USA) and three federal ones (Switzerland, the USA and Canada). In the last two chapters the editors conduct a detailed comparative analysis of the jurisdiction-based chapters and explore the question whether any overarching theory or theories about constitutional change in liberal democracies emerge from the study.

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Genre : Law
Author : Dawn Oliver
Publisher : Bloomsbury Publishing
Release : 2011-08-09
File : 510 Pages
ISBN-13 : 9781847316684


Reforming The European Union

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For decades the European Union tried changing its institutions, but achieved only unsatisfying political compromises and modest, incremental treaty revisions. In late 2009, however, the EU was successfully reformed through the Treaty of Lisbon. Reforming the European Union examines how political leaders ratified this treaty against all odds and shows how this victory involved all stages of treaty reform negotiations--from the initial proposal to referendums in several European countries. The authors emphasize the strategic role of political leadership and domestic politics, and they use state-of-the-art methodology, applying a comprehensive data set for actors' reform preferences. They look at how political leaders reacted to apparent failures of the process by recreating or changing the rules of the game. While domestic actors played a significant role in the process, their influence over the outcome was limited as leaders ignored negative referendums and plowed ahead with intended reforms. The book's empirical analyses shed light on critical episodes: strategic agenda setting during the European Convention, the choice of ratification instrument, intergovernmental bargaining dynamics, and the reaction of the German Council presidency to the negative referendums in France, the Netherlands, and Ireland.

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Genre : History
Author : Daniel Finke
Publisher : Princeton University Press
Release : 2012-07-29
File : 246 Pages
ISBN-13 : 9780691153933


Historical Dictionary Of The European Union

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The current European Union (EU) has existed since 1 November 1993. It emerged from the Treaty of Maastricht largely negotiated during 1991. But the history of European integration goes further back. The Schuman Declaration of 9 May 1950 led to the creation of the European Coal and Steel Community (ECSC) in 1951, and in 1957 the two Treaties of Rome created the European Economic Community (EEC) and the European Atomic Energy Community (EAEC or EURATOM), which started operating from 1 January 1958. For some years the EEC was often referred to as the Common Market. The Merger Treaty of 1965 (in force since 1967) created a single executive, the European Commission, and a single Council of Ministers. The three Communities from the beginning in 1958 shared the Parliamentary Assembly and European Court of Justice (ECJ). Although these Communities still had separate treaties, they were increasingly seen as the European Community (EC). This new edition of Historical Dictionary of the European Union has a chronology, an introductory essay, appendixes, and an extensive bibliography. The dictionary section has over 400 cross-referenced entries on important personalities, member states, internal policies, external relations, basic theories, treaties, and law. This book is an excellent access point for students, researchers, and anyone wanting to know more about the European Union.

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Genre : Political Science
Author : Finn Laursen
Publisher : Rowman & Littlefield
Release : 2015-10-30
File : 371 Pages
ISBN-13 : 9781442255159


The Treaty Of Nice

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This book gives a detailed analysis of the making of the Treaty of Nice, the current treaty of the European Union, adopted in 2000. It analysis the interests and strategies of the various actors, including the 15 Member States, during the negotiations and tries to explain the main institutional changes: re-weighting of votes in the Council of Ministers, future changes in the composition of the European Commission, extended use of qualified majority voting and easier conditions for a smaller group of Member States going faster in the integration process ('enhanced cooperation').

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Genre : Law
Author : Finn Laursen
Publisher : BRILL
Release : 2006
File : 581 Pages
ISBN-13 : 9789004148208