Eu Enlargementthe Constitutional Impact At Eu And At National Level
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| Author | : Alfred Kellermann |
| Publisher | : T.M.C. Asser Press |
| Total Pages | : 604 |
| Release | : 2001-08-15 |
| Genre | : Law |
| ISBN | : 9789067041324 |
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 | : Anneli Albi |
| Publisher | : Cambridge University Press |
| Total Pages | : 300 |
| Release | : 2005-06-30 |
| Genre | : Law |
| ISBN | : 9780521845410 |
This book explores the adaptation of the constitutions of Central & Eastern Europe (CEE) for membership in the European Union.
| Author | : Wojciech Sadurski |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 385 |
| Release | : 2006-07-30 |
| Genre | : Law |
| ISBN | : 1402038429 |
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 | : Christophe Hillion |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 256 |
| Release | : 2004-07-01 |
| Genre | : Law |
| ISBN | : 1847310680 |
The enlargement of the European Union to embrace Central, Eastern and Southern Europe is usually analysed from political and economic points of view. The current process also has legal implications which this edited collection aims to explore. Written by scholars and officials from the enlarged EU, the contributions look at the conditions and modalities of accession and at the impact of enlargement on EU institutions and policies. This volume is a useful reference for anyone interested in enlargement as such but it also provides a valuable background to the current constitutional reform of the EU.
| Author | : Allan F. Tatham |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 594 |
| Release | : 2009-01-01 |
| Genre | : Political Science |
| ISBN | : 9041124632 |
The development of EU enlargement has raised many thorny issues unanticipated by the framers of the EC Treaty. A significant upshot of these issues is that the concept of European identity - defined in terms of such factors as culture, history and economics - has supplanted the long-dominant theme of 'widening and deepening, ' particularly since the Union's expansion has become primarily eastward. The major contribution of this important book lies in its analysis of the conceptualization and perception of enlargement from various points of view, focusing on the concerns of stakeholders and the 'identity' conflicts and uncertainties incurred by enlargement initiatives. In the course of its presentation, it details the actual pre-accession Europeanization process and its complex history. Among the key elements discussed are the following: the conflict between 'widening' and 'deepening' and the effect on EU institutional reform; institutional requirements on candidate countries; pre-accession criteria and negotiations; administrative capacity, judicial capacity, and legal approximation in accession states; capacity of the EU to absorb new Member States; and EC law as part of European identity. Also covered are specific historical details of particular pre-accession negotiations (e.g., Greece, Spain, Portugal, Malta, and Cyprus), the still inconclusive negotiations with Turkey and the Western Balkan states, and political factors involved in the non-accession of Norway, Iceland and Switzerland. Assembling powerful evidence and applying incisive analysis, the author's conclusion shows that, absent further (and major) EU institutional reform, it will be difficult for an enlarging Union to continue to 'deliver the goods.' A watershed in the continuing great debate on the fulfilment of the EC Treaty's determination to foster and promote 'an ever closer union of the peoples of Europe, ' this book will prove invaluable to anybody interested in the European integration project, particularly lawyers, academics, officials and policymakers in the EU Member States.
| Author | : Dimitry Kochenov |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 402 |
| Release | : 2008-01-01 |
| Genre | : Law |
| ISBN | : 9041126961 |
Among the criteria for accession to the European Union are democracy and the Rule of Law. In the insightful analysis offered by the author of this book, these concepts - while admirable and even necessary criteria in principle - are almost impossible to measure, and any judgement grounded in them will always be difficult to justify. In his words, 'by including analysis of democracy and the Rule of Law within the field of the EU enlargement law, the Union entered an unstable terrain of vague causal connections and blurred definitions.' Dr Kochenov addresses this problem by proceeding as follows: 1. Outlining EU enlargement law in general, including the principle of conditionality and the role played by the analysis of democracy and the Rule of Law in enlargement preparation; 2. Focusing on the role actually played by the monitoring of democracy and the Rule of Law in ten candidate countries, scrutinizing the way the EU used the legal tools and competences outlined in its enlargement law. The book adopts the EU's own understanding of democracy and the Rule of Law, as derived directly from the substance of the numerous legal and political instruments issued by the Community Institutions and especially the Commission in the course of the pre-accession process. In this way it demonstrates the actual - as opposed to the officially announced - role played by the assessment of democracy and the Rule of Law in the candidate countries in the regulation of enlargement. Many formidable inconsistencies in the application of the conditionality principle are thus laid bare. This leads the author to a series of recommendations on policy and procedure that he demonstrates could be profitably applied to the regulation of current and future accessions, using the Commission's own structure of monitoring pre-accession reforms in the three areas of the legislature, executive, and judiciary in candidate countries. The probity and soundness of these recommendations, firmly grounded as they are in the actual pre-accession monitoring and its consequences for the pre-accession progress of ten Eastern European countries admitted to the EU in 2004 and 2007, will greatly interest policymakers and scholars concerned with the future of European integration.
| Author | : Wojciech Sadurski |
| Publisher | : OUP Oxford |
| Total Pages | : 403 |
| Release | : 2012-07-26 |
| Genre | : Law |
| ISBN | : 0191631086 |
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 |
| Genre | : Law |
| ISBN | : 0199696780 |
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 | : 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.
| Author | : Kirstyn Inglis |
| Publisher | : Europa Law Publishing |
| Total Pages | : 328 |
| Release | : 2005 |
| Genre | : Law |
| ISBN | : 9789076871387 |
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.
