Constitutionalism And The Enlargement Of Europe
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Author |
: Wojciech Sadurski |
Publisher |
: OUP Oxford |
Total Pages |
: 403 |
Release |
: 2012-07-26 |
ISBN-10 |
: 9780191631085 |
ISBN-13 |
: 0191631086 |
Rating |
: 4/5 (85 Downloads) |
Synopsis Constitutionalism and the Enlargement of Europe by : Wojciech Sadurski
After the fall of Communism in Central and Eastern Europe (CEE), the newly democratized countries of this region joined two main pan-European political and legal structures: the Council of Europe and the European Union. This book shows how the Eastward enlargement of these two structures fostered the 'constitutionalization' both of the Council of Europe and of the EU. Prompted by the enlargement of the Council of Europe and the admission of a number of countries which brought unique and often more substantial problems onto the Court's agenda, the main judicial body of the Council of Europe, the European Court of Human Rights, became a quasi 'constitutional court' of Europe. This book demonstrates that this was primarily as a result of the widening of its agenda and the resulting need to make activist decisions about the compatibility of national laws with the European Convention. In terms of the EU, the book shows that the enlargement (first prospective, and then, actual) has been an important agenda-setter for the constitutionalization of the EU; in particular, for openly placing the issue of fundamental rights on the EU agenda as a legitimate and indispensable matter of concern for the EU. But the 'constitutional synergies' were a two-way street: the accession to both pan-European structures has also affected the development of democratic constitutionalism in CEE states. It has raised difficult issues regarding the relationships between national sovereignty, democracy, and human rights that CEE policy makers have grappled with; these issues and responses by CEE member states have had implications for the 'old' EU member states as well. These dynamics are explored through various case studies, providing a new perspective on the development of legal norms and institutions within European supranational bodies.
Author |
: Wojciech Sadurski |
Publisher |
: Oxford University Press |
Total Pages |
: 263 |
Release |
: 2012-07-26 |
ISBN-10 |
: 9780199696789 |
ISBN-13 |
: 0199696780 |
Rating |
: 4/5 (89 Downloads) |
Synopsis Constitutionalism and the Enlargement of Europe by : Wojciech Sadurski
Written at the intersection of law and political science, this book adopts a new and original perspective on the legal implications of the Eastward enlargement of the Council of Europe and the European Union. Case studies offer a novel examination of the development of legal norms and institutions within these supranational bodies.
Author |
: Wojciech Sadurski |
Publisher |
: Springer Science & Business Media |
Total Pages |
: 385 |
Release |
: 2006-07-30 |
ISBN-10 |
: 9781402038426 |
ISBN-13 |
: 1402038429 |
Rating |
: 4/5 (26 Downloads) |
Synopsis Spreading Democracy and the Rule of Law? by : Wojciech Sadurski
The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?
Author |
: J. H. H. Weiler |
Publisher |
: Cambridge University Press |
Total Pages |
: 256 |
Release |
: 2003-09-04 |
ISBN-10 |
: 0521796717 |
ISBN-13 |
: 9780521796712 |
Rating |
: 4/5 (17 Downloads) |
Synopsis European Constitutionalism Beyond the State by : J. H. H. Weiler
Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.
Author |
: Thomas Christiansen |
Publisher |
: Bloomsbury Publishing |
Total Pages |
: 288 |
Release |
: 2009-03-31 |
ISBN-10 |
: 9781137102812 |
ISBN-13 |
: 1137102810 |
Rating |
: 4/5 (12 Downloads) |
Synopsis Constitutionalizing the European Union by : Thomas Christiansen
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.
Author |
: Kirstyn Inglis |
Publisher |
: Europa Law Publishing |
Total Pages |
: 328 |
Release |
: 2005 |
ISBN-10 |
: 9076871388 |
ISBN-13 |
: 9789076871387 |
Rating |
: 4/5 (88 Downloads) |
Synopsis The Constitution for Europe and an Enlarging Union by : Kirstyn Inglis
Recoge: 1. Formalising European Constitutionalism; Potencial added value or "Death by Constitution" - 2. Towards a more democratic union? Comments on the Treaty establishing a Constitution for Europe - 3. Institutional reform in the European Union - 4. The National Parliaments in an enlarged Europe and the Constitutional Treatry - 5. The "principle" of differentiation in an enlarged European Union; unity in diversity? - 6. Impact of European Union enlargement on EMU; monetary split-up into "ins" and "outs" as a temporary or permanent phenomenon? - 7. Differentiation in European Union citizenship law; the Cyprus problem - 8. The impact of the agriculture on the success of enlargement - 9. European counter-terrorism in the context of enlargement: challenges ahead - 10. EU enlargement-membership conditions applied to future and potential member states - 11. Minority protection in the EU-Challenges ahead - 12. Turkey's democratisation in light of its EU candidate status; EU enlargement at a crossroads.
Author |
: George A. Bermann |
Publisher |
: Hart Publishing |
Total Pages |
: 531 |
Release |
: 2004-11 |
ISBN-10 |
: 9781841134260 |
ISBN-13 |
: 1841134260 |
Rating |
: 4/5 (60 Downloads) |
Synopsis Law and Governance in an Enlarged European Union by : George A. Bermann
This book's principal aim is to critically address the institutional and substantive legal issues resulting from European enlargement, chiefly those relating to the legal foundations on which the enlarged Union is being built. The accession of new Member States creates the potential for a stronger and more powerful Europe. Realising this potential, however, will depend on the ability of the EU to develop functional and effective governance structures, both at the European level and at the level of the individual Member States. While the acquis communautaire will ensure that formal laws in the new Member States will be aligned with those of existing members, the question remains as to how effective institutions will be in implementing changes, and what effects the imposed changes will have on the legitimacy of the new legal framework. This book, containing the work of leading scholars in law and social sciences, examines the current and future legal framework for EU governance, and the role that new members will - or will not - play in the creation of that framework, paying particular attention to the specific challenges membership in the EU poses to the acceding states of Central and Eastern Europe. It is a book which will contribute to and influence debates over constitutionalism and legal harmonisation in the EU.
Author |
: Mads Tønnesson Andenæs |
Publisher |
: Hart Publishing |
Total Pages |
: 449 |
Release |
: 2003-11-15 |
ISBN-10 |
: 9781841133393 |
ISBN-13 |
: 1841133396 |
Rating |
: 4/5 (93 Downloads) |
Synopsis The Treaty of Nice and Beyond by : Mads Tønnesson Andenæs
Contains essays on the enlargement and constitution of the European Union.
Author |
: Gráinne de Búrca |
Publisher |
: Cambridge University Press |
Total Pages |
: 355 |
Release |
: 2011-10-13 |
ISBN-10 |
: 9781139501927 |
ISBN-13 |
: 1139501925 |
Rating |
: 4/5 (27 Downloads) |
Synopsis The Worlds of European Constitutionalism by : Gráinne de Búrca
The idea of the EU as a constitutional order has recently taken on renewed life, as the Court of Justice declared the primacy of EU law not just over national constitutions but also over the international legal order, including the UN Charter. This book explores the nature and character of EU legal and political authority, and the complex analytical and normative questions which the notion of European constitutionalism raises, in both the EU's internal and its external relations. The book culminates in a dialogical epilogue in which the authors' arguments are questioned and challenged by the editor, providing a unique and stimulating approach to the subject. By bringing together leading constitutional theorists of the European Union, this book offers a sharp, challenging and engaging discussion for students and researchers alike.
Author |
: Suvi Sankari |
Publisher |
: Routledge |
Total Pages |
: 323 |
Release |
: 2016-03-03 |
ISBN-10 |
: 9781317024484 |
ISBN-13 |
: 1317024486 |
Rating |
: 4/5 (84 Downloads) |
Synopsis The Many Constitutions of Europe by : Suvi Sankari
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.