The Constitutional Framework for Enhanced Cooperation in EU Law

The Constitutional Framework for Enhanced Cooperation in EU Law
Author: Robert Böttner
Publisher: BRILL
Total Pages: 409
Release: 2021-02-15
Genre: Law
ISBN: 9004459154

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The Constitutional Framework for Enhanced Cooperation in EU Law analyses the primary-law framework of the flexibility tool of “enhanced cooperation”. Against the background of recent Member State practice, Robert Böttner redefines its constitutional rules and draws conclusions on its potential for European integration.

The EU Treaties and the Charter of Fundamental Rights

The EU Treaties and the Charter of Fundamental Rights
Author: Manuel Kellerbauer
Publisher: Oxford University Press
Total Pages: 2463
Release: 2019-05-16
Genre: Law
ISBN: 0192513400

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Companion website: www.oup.com/klamert This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects. Commentary on the EU Treaties and the Charter of Fundamental Rights: Digital Pack includes a digital app with enhanced user functionalities that ensures that you have access to the text and all your accompanying notes wherever you are. The app is available on PC, Mac, Android devices, iPad or iPhone

The Constitution for Europe

The Constitution for Europe
Author: Jean-Claude Piris
Publisher: Cambridge University Press
Total Pages: 300
Release: 2006-03-30
Genre: Law
ISBN: 9780521682183

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Understanding the European Constitution

Understanding the European Constitution
Author: Clive H. Church
Publisher: Routledge
Total Pages: 236
Release: 2005-11-16
Genre: Political Science
ISBN: 1134227671

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The European Union is now entering a crucial phase as the ratification process accelerates and key debates and referenda take place in existing and potentially new member states. The Union’s Constitutional treaty is often cast as either a blueprint for a centralized and protectionist super-state or as the triumph of Anglo-Saxon economics. Yet it has been little read, particularly in the United Kingdom. This book puts this right by publishing the full text of the crucial first part of the document and showing that it does not justify either of the extreme interpretations imposed on it. Written by two experts of the treaties, Understanding the European Constitution sets the Constitutional Treaty in context, examining its main themes and content and considering the implications of any rejection. It does this in uncomplicated language and with the help of explanatory tables and a glossary. Those who wish to make a considered verdict on the basis of the facts will find it invaluable.

The EU Treaties and Charter of Fundamental Rights: A Commentary

The EU Treaties and Charter of Fundamental Rights: A Commentary
Author:
Publisher: Oxford University Press
Total Pages: 3034
Release: 2024-08-07
Genre: Law
ISBN: 0198877196

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The second edition of The EU Treaties and the Charter of Fundamental Rights: A Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, to reflect the latest developments in the law since publication of the first edition in 2019. It offers a quick reference to the provisions of the treaties, how they are interpreted and applied in practice, and to the most important legal instruments enacted on their basis. The fully-updated Commentary considers key developments in all areas of EU law, including the debates and requirements around the Rule of Law, legal decisions in relation to the Covid-19 pandemic, climate change measures such as the European Green Deal, as well as recent changes to the Common Agricultural Policy. It also includes significant court rulings on freedom, security and justice, migration and asylum, as well as issues relating to freedom of movement and Brexit. The new edition outlines the Digital Markets Act, a major piece of legislation adopted in 2022 and contains significant updates on EU competition law in the light of new Regulations and Guidelines. Written by a team of contributors drawn from the Legal Service of the European Commission and from academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties, secondary law, and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, followed by a structured commentary on the Article. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.

Bridging Clauses in European Constitutional Law

Bridging Clauses in European Constitutional Law
Author: Robert Böttner
Publisher: Springer
Total Pages: 104
Release: 2018-01-17
Genre: Law
ISBN: 3319733419

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The book focuses on the legal framework for the use of the bridging clauses of Article 48(7) TEU as well as on parliamentary participation in the process of activating these clauses. It also outlines national parliamentary participation in EU law in general and, specifically, in the procedures for the amendment of the Treaties. Further, it explores the substantial law of the general bridging clauses (scope of application, exceptions, legal effects) and explains in detail the special bridging clauses and similar provisions that are scattered throughout the Treaties. The study further deals in depth with procedural issues, including the procedural requirements in the provision itself, notably the important and most complex element: the participation of the national parliaments, both directly and indirectly through the (European) Council. To this end, the book includes an analysis of the safeguards and mandating systems that national legal orders have installed.

Unity and flexibility in the future of the European Union : the challenge of enhanced cooperation

Unity and flexibility in the future of the European Union : the challenge of enhanced cooperation
Author: José María Beneyto
Publisher: Fundación Univ. San Pablo
Total Pages: 106
Release: 2009
Genre: Law
ISBN: 8492456965

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The entry into force of the Lisbon Treaty poses anew the question of whether, from now on, it will be more likely for the European Union to use this mechanism, or, conversely, the new institutional, jurisdictional and decision-making framework may act as a containment of favourable trends in the development of variable integration formulas. In reality, flexible or differentiated integration instruments, within or outside of the framework of the EU, alongside strictly intergovernmental cooperation between certain EU countries, have existed since the beginning of Community integration.

The Treaty of Lisbon and the Future of European Law and Policy

The Treaty of Lisbon and the Future of European Law and Policy
Author: Martin Trybus
Publisher: Edward Elgar Publishing
Total Pages: 553
Release: 2012-01-01
Genre: Law
ISBN: 085793256X

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'After Lisbon the EU has reached a new precarious stage in its development. New institutions have been created and policies reformed. The different chapters of this book cover the most important innovations, while providing a fresh critical assessment of the shortcomings of the present arrangements. Works are always in progress at the EU site and the authors provide the future architects of this grand building as well as the academic community with much food for thought.' – Roberto Caranta, University of Turin, Italy This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union. Divided into six parts, the 23 chapters provide 'after Lisbon' perspectives on law and governance of the EU, its powers and nature, the Charter of Fundamental Rights, EU external action and policy, justice and criminal policy, and economic governance. The authors, drawn from eleven EU Member States, offer a uniquely diverse and extensive coverage of the new EU law and policy after Lisbon. The book argues that while the Treaty of Lisbon has to be considered a milestone in the history of European integration, its shortcomings and open questions will make a future major treaty inevitable. The Treaty of Lisbon and the Future of European Law and Policy will appeal to postgraduate students and academics in European law and policy, EU institutions, diplomatic missions, lobbying, NGOs, specialised lawyers and governments.

The Treaty on European Union (TEU)

The Treaty on European Union (TEU)
Author: Hermann-Josef Blanke
Publisher: Springer Science & Business Media
Total Pages: 1821
Release: 2013-11-26
Genre: Law
ISBN: 3642317065

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The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.

Manifesto for a Social Constitution

Manifesto for a Social Constitution
Author: Brian Bercusson
Publisher:
Total Pages: 146
Release: 2007
Genre: Constitutional law
ISBN:

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Presents eight ways of developing a constitutional framework for the EU: Parts I and II separated from Part III of the Constitutional Treaty; a "social protocol" to the Constitutional Treaty; enhanced cooperation; Schengen model; a social constitution through the European Court of Justice; a non-binding "social declaration"; an interpretative instrument; inserting a reference to a legally binding EU Charter in Part I.