Constitutional Implications of Accession to the European Union PDF Download

Author: European Commission for Democracy through Law
Publisher: Council of Europe
ISBN: 9789287150424
Category : Political Science
Languages : en
Pages : 156

View

Book Description
EU enlargement and the accession of the candidate states will involve major constitutional changes. This publication contains the reports presented at a seminar organised by the European Commission for Democracy through Law, held in November 2001. It examines the constitutional challenges which the candidate states face and the EU's approach to them; and also includes a study of Turkey's relationship with the EU and the implications for Turkish constitutional law.

Author: Anneli Albi
Publisher: Cambridge University Press
ISBN: 9781139446150
Category : Law
Languages : en
Pages : 304

View

Book Description
In the wake of the EU's biggest enlargement, this book explores the adaptation of the constitutions of Central and Eastern Europe (CEE) for membership in the European Union. In response to the painful past, these new constitutions were notably closed to transfer of powers to international organizations, and accorded a prominent status to sovereignty and independence. A little more than a decade later, the process of amending these provisions in view of the transfer of sovereign powers to a supranational organization has proved a sensitive and controversial exercise. This book analyses the amendments against the background of comparative experience and theory of sovereignty, as well as the context of political sensitivities, such as rising euroscepticism ahead of accession referendums.

Author: Anneli Albi
Publisher:
ISBN: 9781107152090
Category : Constitutional law
Languages : en
Pages : 257

View

Book Description
This is the first book to comprehensively cover the adaptation of the constitution of Central and Eastern Europe for accession to the European Union. Key themes include sovereignty, legitimacy, supremacy, referendums, constitutional review, implication of the European Constitution, as well as constitutional issues of membership in NATO.

Author: Tom Hashimoto
Publisher: Martinus Nijhoff Publishers
ISBN: 9004352074
Category : Law
Languages : en
Pages : 348

View

Book Description
Today, we celebrate the decade-long European integration in CEE, even though the ‘Brexit’ is knocking our door. What have we achieved? How is the acquis communautaire reflected on to the actual integration process(es)? Reviewing European Union Accession simulates the vast wave of EU enlargement experienced by the New Member States.

Author: Fisnik Korenica
Publisher: Springer
ISBN: 3319217593
Category : Law
Languages : en
Pages : 471

View

Book Description
This book examines the EU accession to the ECHR from a systemic perspective as well as from the specific perspective of the 2013 draft accession agreement negotiated between the relevant body of the Council of Europe and the EU Commission. It mainly follows a legal positivist approach to examining the nature and scope of obligations that will regulate the new relationship between EU law and European Convention on Human Rights law, concentrating specifically on the issue of jurisdictional interface between the Strasbourg and Luxembourg courts. The book offers an in-depth examination of the core mechanisms of the draft accession agreement, taking into account the remarks in Luxembourg's Opinion 2/13, focusing especially on the issue of attribution of responsibility when a violation of ECHR has been jointly committed by the EU and its Member States, the inter-party procedure and the prior involvement mechanism. The work basically argues that EU accession to the ECHR will have a constitutional impact on the EU legal order, and may also have certain implications for the jurisdictional interface between the Strasbourg and Luxembourg courts. It also questions the mode of interaction between some normative aspects of ECHR law and EU law, offering certain arguments as to the interaction between the Charter of Fundamental Rights and ECHR from overlapping and accommodative perspectives post-accession. The book concludes that with the EU accession to the ECHR – as it stands right now with the draft accession agreement – the macro relationship between the Strasbourg and Luxembourg courts will change significantly, while their constitutional roles will become vertically accommodated and better specialized.

Author: Wojciech Sadurski
Publisher: OUP Oxford
ISBN: 0191631086
Category : Law
Languages : en
Pages : 264

View

Book Description
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: Springer Science & Business Media
ISBN: 1402038429
Category : Law
Languages : en
Pages : 390

View

Book Description
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: Gráinne de Búrca
Publisher: Bloomsbury Publishing
ISBN: 1847312233
Category : Law
Languages : en
Pages : 288

View

Book Description
This collection of essays addresses the changing constitutional framework of the EU and some of the changing patterns of governance within this complex polity. It examines the apparent and gradual shift in the paradigm of European governance from one emphasising uniformity and harmonisation to one which embraces flexibility and differentiation. The chapters range from broad,theoretical reflections on the constitutional implications of flexibility for the European polity, to focused case studies which examine various forms of 'variable geometry' existing in specific policy areas. Some of the contributions challenge the extent to which there has actually been any significant change of paradigm, and others explore the many different meanings and instances of flexibility which have emerged. Overall, the collection brings into focus both the problems and the potential ways forward for Europe which these constitutional developments suggest.

Author: Alfred Kellermann
Publisher: T.M.C. Asser Press
ISBN: 9789067041324
Category : Law
Languages : en
Pages : 604

View

Book Description
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.

Author: Koenraad Lenaerts
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 876

View

Book Description
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.