European Constitutionalism Beyond the State

European Constitutionalism Beyond the State
Author: J. H. H. Weiler
Publisher: Cambridge University Press
Total Pages: 256
Release: 2003-09-04
Genre: Law
ISBN: 9780521796712

Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.

Digital Constitutionalism in Europe

Digital Constitutionalism in Europe
Author: Giovanni De Gregorio
Publisher: Cambridge University Press
Total Pages: 383
Release: 2022-05-26
Genre: Law
ISBN: 1316512770

How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.

European Union--the Second Founding

European Union--the Second Founding
Author: Ludger Kühnhardt
Publisher: Nomos Verlagsgesellschaft
Total Pages: 678
Release: 2008
Genre: History
ISBN:

The author is presenting a broadly structured study about the first fifty years of European integration, its geopolitical context and academic reflection. His study is based on the two-fold thesis that since a few years, the European Union is going through a process of its Second Founding while simultaneously changing its rationale.

Foreign Affairs and the EU Constitution

Foreign Affairs and the EU Constitution
Author: Robert Schütze
Publisher: Cambridge University Press
Total Pages: 557
Release: 2014-10-16
Genre: Law
ISBN: 1107037662

A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.

How Constitutions Change

How Constitutions Change
Author: Dawn Oliver
Publisher: Bloomsbury Publishing
Total Pages: 510
Release: 2011-08-09
Genre: Law
ISBN: 1847316689

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.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
Author: Anneli Albi
Publisher: Springer
Total Pages: 1522
Release: 2019-05-29
Genre: Law
ISBN: 9462652732

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Making History

Making History
Author: Sophie Meunier
Publisher: Oxford University Press, USA
Total Pages: 377
Release: 2007
Genre: Political Science
ISBN: 0199218676

The contributors to this volume, all leading specialists in the field of EU studies, examine the trajectory of the EU and draw on the theoretical tools of historical institutionalism to assess the central political challenges facing the EU.

The Oxford Handbook of European Union Law

The Oxford Handbook of European Union Law
Author: Anthony Arnull
Publisher: Oxford University Press
Total Pages: 1092
Release: 2015-07-23
Genre: Law
ISBN: 0191653055

Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

EU Law of Economic & Monetary Union

EU Law of Economic & Monetary Union
Author: Fabian Amtenbrink
Publisher: Oxford University Press
Total Pages: 1808
Release: 2020-05-21
Genre: Law
ISBN: 019251248X

Presenting a sweeping analysis of the legal foundations, institutions, and substantive legal issues in EU monetary integration, The EU Law of Economic and Monetary Union serves as an authoritative reference on the legal framework of European economic and monetary union. The book opens by setting out the broader contexts for the European project - historical, economic, political, and regarding the international framework. It goes on to examine the constitutional architecture of EMU; the main institutions and their legal powers; the core legal provisions of monetary and economic union; and the relationship of EMU with EU financial market and banking regulation. The concluding section analyses the current EMU crisis and the main avenues of future reform.