the constitution for europe a legal analysis cambridge studies in european law and policy

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The Constitution For Europe

Author : Jean-Claude Piris
ISBN : 0521682185
Genre : Law
File Size : 60. 90 MB
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There is much confusion over the 'Constitution', and this book provides an in-depth legal analysis of the institutional aspects of the Constitutional Treaty which, if ratified by the 25 EU Member States, would govern the European Union. Piris argues that, despite its ratification being rejected by the French and the Netherlands referenda in 2005, the Treaty should not be discarded, as it will inevitably be the point of departure for the future of European integration. He places this analysis in an historical and political context and explains the origin, meanings and legal and political effects of all proposed changes to the present treaties.

The Lisbon Treaty

Author : Jean-Claude Piris
ISBN : 9781139488358
Genre : Law
File Size : 51. 94 MB
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Given the controversies and difficulties which preceded the coming into force of the Lisbon Treaty, it is easy to forget that the Treaty is a complex legal document in need of detailed analysis for its impact to be fully understood. Jean-Claude Piris, the Director General of the Legal Service of the Council of the European Union, provides such an analysis, looking at the historical and political contexts of the Treaty, its impact on the democratic framework of the EU and its provisions in relation to substantive law. Impartial legal analysis of the EU's functions, its powers and the treaties which govern it make this the seminal text on the most significant recent development in EU law.

The Horizontal Effect Revolution And The Question Of Sovereignty

Author : Johan van der Walt
ISBN : 9783110248036
Genre : Law
File Size : 48. 58 MB
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That the recent turn in European Constitutional Review has effectively brought about a revolution in European law has been observed before. At issue is the collapsing of the traditional boundaries between constitutional law and private law that the European Court of Human Rights has brought about with a series of decisions on the "horizontal" application of Convention rights in the private sphere. This book will take issue with the various debates and literature in this field. It will analyse the most prominent concerns raised and positions taken in the debates and respond to them with a consistent theory of "horizontal application".

The Transformation Of Europe

Author : Miguel Poiares Maduro
ISBN : 9781108228725
Genre : Law
File Size : 70. 68 MB
Format : PDF
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Joseph Weiler's The Transformation of Europe is one of the most influential works in the history of European studies. Twenty-five years after its original publication, this new collection of essays pays tribute to Weiler's legacy by discussing some of the most pressing issues in contemporary European Union law, policy and constitutionalism. The book does not intend to be a simple expression of intellectual esteem for Weiler's seminal work; instead, the collection honours it by critically engaging with some of its assumptions and theses. Overall, it shows how a study of 1991 can still be fundamental to the present and future of the EU, including the challenges of Brexit and Eurozone crises.

The Transformation Of Citizenship In The European Union

Author : Jo Shaw
ISBN : 9781316450512
Genre : Law
File Size : 28. 53 MB
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This book examines the electoral rights granted to those who do not have the nationality of the state in which they reside, within the European Union and its Member States. It looks at the rights of EU citizens to vote and stand in European Parliament elections and local elections wherever they live in the EU, and at cases where Member States of the Union also choose to grant electoral rights to other non-nationals from countries outside the EU. The EU's electoral rights are among the most important rights first granted to EU citizens by the EU Treaties in the 1990s. Putting these rights into their broader context, the book provides important insights into the development of the EU now that the Constitutional Treaty has been rejected in the referendums in France and the Netherlands, and into issues which are still sensitive for national sovereignty such as immigration, nationality and naturalization.

Foreign Affairs And The Eu Constitution

Author : Robert Schütze
ISBN : 9781139992572
Genre : Law
File Size : 55. 12 MB
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Foreign affairs are 'border' affairs - in a geographical and a constitutional sense. They are traditionally subject to distinct constitutional principles, for the political questions posed might not be susceptible to legal answers. And yet: in our globalized world, the orthodox distinction between 'internal' and 'external' affairs has lost much of its clarity. The contemporary world is an international world - a world of collective trade agreements and collective security systems. The European Union - as a union of States - embodies this collective spirit on a regional international scale. But what is the relationship between this new European legal order and the old legal order of international law? When can the Union act on the international scene and, if so: how? Foreign Affairs and the EU Constitution brings together a collection of outstanding essays on external relations written by one of the leading constitutional scholars of the European Union.

The Ethos Of Europe

Author : Andrew Williams
ISBN : 9781139483971
Genre : Law
File Size : 38. 32 MB
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Can the EU become a 'just' institution? Andrew Williams considers this highly charged political and moral question by examining the role of five salient values said to be influential in the governance and law of the Union: peace, the rule of law, respect for human rights, democracy, and liberty. He assesses each of these as elements of an apparent 'institutional ethos' and philosophy of EU law and finds that justice as a governing ideal has failed to be taken seriously in the EU. To remedy this condition, he proposes a new set of principles upon which justice might be brought more to the fore in the Union's governance. By focusing on the realisation of human rights as a core institutional value, Williams argues that the EU can better define its moral limits so as to evolve as a more just project.

Public Services In Eu Law

Author : Wolf Sauter
ISBN : 9781107066120
Genre : Business & Economics
File Size : 85. 93 MB
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Comprehensive analysis showing that utilities and welfare services are important building blocks for the EU social market economy.

The European Convention On Human Rights

Author : Steven Greer
ISBN : 9781139461962
Genre : Law
File Size : 36. 33 MB
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This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.

The Human Face Of The European Union

Author : Nuno Ferreira
ISBN : 9781107077225
Genre : Law
File Size : 43. 88 MB
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This title assesses EU law and policy using a novel and alternative framework based on the notion of humaneness.

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