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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 European Convention presented its Draft Treaty establishing a Constitution for Europe on 18 July 2003. It is the result of a pan-European debate in the Convention and the European media. The academic analysis of the future constitution also requires a European debate, and the European Constitutional Law Network is understands itself as a forum for this debate (www.ecln.net). In the present volume, twelve constitutional and European lawyers from different old and new Member States present their conclusions on different aspects of the Conventionís draft constitutional Treaty. The individual essays focus on general issues of constitutional theory, die future institutional balance, the delimitation of competences, the Charter of Fundamental Rights and specific policy issues such as foreign affairs. Thus, the results of the fourth ECLN conference in autumn 2003 in Lisbon are an important contribution to the emerging European debate on the implications of the future Constitution for Europe.
Europeans have long sought to form "an ever closer union" through the European Union and its predecessors. Can a closer union be based on the constitutional treaty signed at the June 2004 summit meeting? What will it mean for Americans? This volume offers perspectives on these questions as it reviews the process by which the treaty was concluded, compares it to the American constitution, and discusses the treaty's prospects for passage. Contributors include Stefan Fröhlich (University of Erlangen-Nuremberg), Stephen Breyer (associate justice, U.S. Supreme Court), Robert Cottrell (Financial Times), Esther Brimmer (Center for Transatlantic Relations), Günter Burghardt (Delegation of the European Commission to the U.S.), and Lamberto Dini (senator, Republic of Italy).
This book accounts for the content and negotiation of the EU's Constitutional Treaty of 2004 as well as the failure of ratification of the treaty in France and the Netherlands in 2005. It discusses the implications of the abandonment of the treaty for the process of European integration and our understanding of that process.
The volume contains articles from high-ranking experts from politics and academia of different Member States about the basic principles of the actual constitutional law of the European Union and its need of reform through a Constitution for Europe. By analysing the rules to govern a Europe of 25 and in time 28 and more Member States the publication intends to make a contribution to the emerging "Ius Publicum Europaeum".
The Draft European Constitution was arguably both an attempt to constitutionalise the Union, re-framing that project in the language of the state, and an attempt to stretch the boundaries of constitutionalism itself, re-imagining that concept to accommodate the sui generis European Union. The (partial) failure of this project is the subject of this collection of essays. The collection brings together leading EU constitutional scholars to consider, with the benefit of hindsight, the purportedly constitutional character of the proposed Constitutional Treaty, the reasons for its rejection by voters in France and the Netherlands, the ongoing implications of this episode for the European project, and the lessons it teaches us about what constitutionalism really means.