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…We are under pressure in rethinking and unthinking of the whole of the European Union history, after big waves of union’s earthquakes, by mentioning here the big financial crisis between 2008-2010, or Brexit of Great Britain, an embittered fought inside of the European Union between the years 2016 and the present 2020… …It is not mentioned here the waves of migrants in the last ten years towards European Union, through which a world of social pathology is accompanied and enhanced by a dramatic pandemic’s world of biologic pathology, this worst issues of viral disease, out-breaking in the year 2020… …We will remake another configuration of the initial CONSTITUTION OF EUROPE, written and published with about 15 years ago, resembling a parallel dialectical becoming between a finisher and a re-finisher in constitution or between an influencer and re-influencer in social sciences… Terminology of different constitutions will be different in their substance and their semantics, reflecting the difference in temporality and creativity of the author, but the basic principles of ethics and morality are into the both constitutions, the sameness… If European Union needs a constitution, then, European Union must know the history of Europe, must know the inhabitants, the native, the people and citizens of Europe, the science and technology of Europe, the art and religions of Europe, the geography and demography of Europe, since the oldest times of Upper Paleolithic, of Neolithic, of Antiquity, of Middle Age, of Renaissance, of Enlightenment, of Modern Times and of present Third Millennium, all in detail, in reality, in morality and rationality… More than that, our Constitution of European Union is desired to be and to become, a pilot project in searching and researching in anthropo-sapientology, a vector of axiological and epistemological substance in knowledge and discoveries… Perhaps, this trying is the first in human known history and historiology, when, a Constitution is becoming a vector of knowledge, by sensing and re – sensing a searching and a researching project in Anthroposapientology, finally, a form of concrete epistemology, a substantial gnoseology, by having an explicit and implicit proper function within axiology in oneself, for oneself and through oneself... Constitutionalist of European Union
'I can enthusiastically recommend and endorse this book. It serves the very important purpose of collecting key documents together in an elegant and accessible text. There currently exists a huge proliferation of material on the EU Constitution this volume makes a very wise selection of this profusion, compiling it into a manageable and informative whole. Nine chapters deal with the most significant matters concerning the Constitution. A short but well written introduction at the start of each chapter precedes following extracts. Part of the value of this book lies in the fact that it includes translations of some important documents which are difficult, or impossible, to access in English for example, recent decisions of national courts concerning the European Arrest Warrant. All in all, this work is a comprehensive, but not overwhelmingly large, collection of materials on the EU Constitution, and it will prove extremely valuable to all those working within this area of law. By presenting the Constitution, the background to the Constitution, and the issues it deals with, in this clear and informative way, it will shed new light upon, and help all of us to form our own judgements on, the EU Constitution, and its importance to our lives.' Sionaidh Douglas-Scott, King's College London, UK 'Whatever the ultimate fate of the EU's Constitutional Treaty, both the events which led to its conclusion and those which occurred afterwards during its ill-fated ratification process have profoundly shaped the future of the European Union as a constitutional project. This collection of materials offers an invaluable set of resources for understanding these events, in their widest legal and political context. The text will be useful to all those who seek to understand both why the EU has reached such a turning point, and where it might go in the future.' Jo Shaw, Edinburgh Law School, UK This book offers a selection of materials that enable a better understanding of some of the most important changes that would be introduced by the Treaty establishing a Constitution for Europe in the EU legal and political system. It also helps to assess the need for the reforms embedded in the Constitutional Treaty as well as the quality of the formulations agreed upon by the signatory Member States. The book includes excerpts of the European Convention's work, selected statutory and constitutional provisions of the Member States, and also related passages from pertinent court decisions from both European courts as well as Member States' constitutional courts. Institutional and doctrinal analyses and relevant excerpts from the Constitutional Treaty itself are also included. Many of these documents directly relate to the provisions of the Constitutional Treaty, while the others, although not directly related, are nevertheless relevant to the debate surrounding it. The European Constitution, by two of the best experts on the Constitution for Europe, will be of great interest to researchers and teachers in the fields of European Law and European politics, and also to policy makers in European affairs.
The European Union and its Constitution explores the political and legal status of the EU and addresses a number of assumptions.
Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.
A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.
An analysis of the repeated existential crises affecting the resilience of the European Union in the twenty-first century.
In the European Convention, parliamentarians and government representatives from the Member States have elaborated the Draft Constitution establishing a Constitution for Europe. This process requires academic guidance and analysis. The European Constitutional Law Network provides an important forum of associated constitutional and European lawyers from different old and new Member States (www.ecln.net). The structure of the future constitution and the general lines of argument underlying the deliberations of the Convention are the focus of the individual contributions to this volume which were presented on the occasion of the second ECLN conference in summer 2002 in Rome. Against the background of their national constitutional and legal orders, the contributors demonstrate their expectations for the European constitution in the making. Thereby, the deliberations provide a pan-European basis for the debate on the future Constitution for Europe.
Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.
For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven