Coverart for item
The Resource European Union Law for the Twenty-First Century : Rethinking the New Legal Order, (electronic resource)

European Union Law for the Twenty-First Century : Rethinking the New Legal Order, (electronic resource)

Label
European Union Law for the Twenty-First Century : Rethinking the New Legal Order
Title
European Union Law for the Twenty-First Century
Title remainder
Rethinking the New Legal Order
Creator
Contributor
Subject
Genre
Language
eng
Summary
This book is based on contributions made to the WG Hart Workshop 2003. It contains articles by leading experts seeking to assess the state of development of EU law some fifty years after the establishment of the Communities and to contribute to the current debate on the European Constitution. The first volume concentrates on the themes of European Constitutionalism and EU external relations. It analyses the proposed Constitution dealing, among others, with the division of competence between the EU and the Member States, Community legislation, the role of national parliaments, democracy in the EU, human rights, and the Court of Justice. It also contains articles on EU external relations covering, among others, enlargement, the common foreign and security policy, immigration and asylum policy, and the relations between the EU and the WTO
Member of
Cataloging source
AU-PeEL
http://library.link/vocab/creatorName
Tridimas, Takis
Nature of contents
dictionaries
http://library.link/vocab/relatedWorkOrContributorName
Nebbia, Paolisa
Series statement
  • ProQuest Ebook Central
  • Essays in European law
http://library.link/vocab/subjectName
  • European Union
  • Law
  • Law
Label
European Union Law for the Twenty-First Century : Rethinking the New Legal Order, (electronic resource)
Link
http://ezproxy.eui.eu/login?url=http://EUI.eblib.com/patron/FullRecord.aspx?p=1778907
Instantiates
Publication
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Contents
  • Half Title Page; Title Page; Title verso; Foreword; Contents; List of Contributors; Table of Cases; 1. Introduction; CONSTITUTIONAL LAW; EXTERNAL RELATIONS; 2. Three Challenges for European Constitutionalism in the 21st Century; THE CHALLENGE OF ORDINARY PEOPLE; THE CHALLENGE OF EMPIRE; THE CHALLENGE OF SITES; CONCLUSION; 3. Judicial Review as a Contribution to the Development of European Constitutionalism; I. INTRODUCTION; II. CARVING OUT ITS OWN CONSTITUTIONAL POSITION: RULES ON STANDING; III. THE ROLE OF THE COMMUNITY COURTS IN ENHANCING DEMOCRACY AND LEGITIMACY; IV. CONCLUSION
  • 4. Competences of the UnionEXPECTATIONS AND RESULTS; CATEGORIES - NOT CATALOGUES - OF COMPETENCE; SIMPLICITY; THE SURVIVAL OF IMPLIED POWERS; SUBSIDIARITY IN THE COMPETENCES CONTEXT; UNANSWERED QUESTIONS; 5. The Hierarchy of Norms; SIMPLIFICATION, DEMOCRATIC LEGITIMACY, AND SEPARATION OF POWERS; THE CONSTITUTIONAL PROVISIONS; THE HISERARCHY OF NORMS AND THE INTER-INSTITUTIONAL BALANCE OF POWER WITHIN THE EU; THE HIERARCHY OF NORMS: SECOND ORDER CONSEQUENCES FOR INTER-INSTITUTIONAL RELATIONSHIPS IN THE EU; THE HIERARCHY OF NORMS AND THE RELATIONSHIP BETWEEN EU AND MEMBER STATE LAW; CONCLUSION
  • 6. Protecting Fundamental Rights in Europe's New Constitutional OrderBACKGROUND; SHOULD THE CHARTER OF FUNDAMENTAL RIGHTS BE INCLUDED IN THE CONSTITUTION OF THE UNION?; ACCESSION BY THE EU TO THE ECHR; REFORMING THE EU SYSTEM OF JUDICIAL REMEDIES; CONCLUSION; 7. The European Court of Justice and the Draft Constitution: A Supreme Court for the Union?; THE DRAFT CONSTITUTION AND THE COURT; ARTICLE 28(1); THE UNION JUDICIARY: COMPOSITION AND TENURE; LOCUS STANDI OF INDIVIDUALS BEFORE THE ECJ; SANCTIONS AGAINST MEMBER STATES; CFSP AND FREEDOM, SECURITY AND JUSTICE; PRELIMINARY REFERENCES
  • OTHER PROVISIONS PERTAINING TO THE COURTSUBSIDIARITY; HUMAN RIGHTS VERSUS FUNDAMENTAL FREEDOMS; CONCLUSION; 8. The European Commission: Should it be at the Heart of the Future European Union?; 9. The Role of National Parliaments in the EU's New Constitutional Order; INTRODUCTION; DEMOCRACY AND NATIONAL PARLIAMENTS IN THE EU; SCRUTINY AS SUBSTITUTE SOVEREIGNTY; GUARANTEEING EXECUTIVE ACCOUNTABILITY: THE IMPORTANCE OF THE SCRUTINY RESERVE; MONITORING THE APPLICATION OF THE SUBSIDIARITY PRINCIPLE: WHOSE ROLE IS IT ANYWAY?; NATIONAL PARLIAMENTS IN THE EU'S NEW CONSTITUTION; CONCLUSION
  • 10. For Substantive Constitutionalism in the European UnionINTRODUCTION; THE NORMATIVE CLAIMS OF THE MEMBER STATES; THE INADEQUACY OF THE TREATIES; IDEALISED NEGOTIATIONS; IMAGINING OUTCOMES; CONCLUSION; 11. Forgetting Law in the European Convention? Europe's 'Hidden' Constitution-Building and its Legitimation; INTRODUCTION; LAW AND NON-LAW IN CONSTITUTION-BUILDING PROCESSES; THE REFERENCE PROCEDURE AND THE MAKING OF THE EUROPEAN CONSTITUTION; JUDGES, LAWYERS AND THE SOURCE OF THE FORCE OF LAW; LAWYERS, (SELF)-ILLUSION AND THE MAKING OF THE CONSTITUTION
  • THE FORMALIST NARRATIVE OF EUROPEAN CONSTITUTION-BUILDING
Control code
u390287
Dimensions
unknown
Extent
1 online resource (492 pages)
Form of item
electronic
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9781847311214
Media category
computer
Media MARC source
rdamedia.
Media type code
  • c
Specific material designation
remote
System control number
  • EBL1778907
  • (OCoLC)1055564358
Label
European Union Law for the Twenty-First Century : Rethinking the New Legal Order, (electronic resource)
Link
http://ezproxy.eui.eu/login?url=http://EUI.eblib.com/patron/FullRecord.aspx?p=1778907
Publication
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Contents
  • Half Title Page; Title Page; Title verso; Foreword; Contents; List of Contributors; Table of Cases; 1. Introduction; CONSTITUTIONAL LAW; EXTERNAL RELATIONS; 2. Three Challenges for European Constitutionalism in the 21st Century; THE CHALLENGE OF ORDINARY PEOPLE; THE CHALLENGE OF EMPIRE; THE CHALLENGE OF SITES; CONCLUSION; 3. Judicial Review as a Contribution to the Development of European Constitutionalism; I. INTRODUCTION; II. CARVING OUT ITS OWN CONSTITUTIONAL POSITION: RULES ON STANDING; III. THE ROLE OF THE COMMUNITY COURTS IN ENHANCING DEMOCRACY AND LEGITIMACY; IV. CONCLUSION
  • 4. Competences of the UnionEXPECTATIONS AND RESULTS; CATEGORIES - NOT CATALOGUES - OF COMPETENCE; SIMPLICITY; THE SURVIVAL OF IMPLIED POWERS; SUBSIDIARITY IN THE COMPETENCES CONTEXT; UNANSWERED QUESTIONS; 5. The Hierarchy of Norms; SIMPLIFICATION, DEMOCRATIC LEGITIMACY, AND SEPARATION OF POWERS; THE CONSTITUTIONAL PROVISIONS; THE HISERARCHY OF NORMS AND THE INTER-INSTITUTIONAL BALANCE OF POWER WITHIN THE EU; THE HIERARCHY OF NORMS: SECOND ORDER CONSEQUENCES FOR INTER-INSTITUTIONAL RELATIONSHIPS IN THE EU; THE HIERARCHY OF NORMS AND THE RELATIONSHIP BETWEEN EU AND MEMBER STATE LAW; CONCLUSION
  • 6. Protecting Fundamental Rights in Europe's New Constitutional OrderBACKGROUND; SHOULD THE CHARTER OF FUNDAMENTAL RIGHTS BE INCLUDED IN THE CONSTITUTION OF THE UNION?; ACCESSION BY THE EU TO THE ECHR; REFORMING THE EU SYSTEM OF JUDICIAL REMEDIES; CONCLUSION; 7. The European Court of Justice and the Draft Constitution: A Supreme Court for the Union?; THE DRAFT CONSTITUTION AND THE COURT; ARTICLE 28(1); THE UNION JUDICIARY: COMPOSITION AND TENURE; LOCUS STANDI OF INDIVIDUALS BEFORE THE ECJ; SANCTIONS AGAINST MEMBER STATES; CFSP AND FREEDOM, SECURITY AND JUSTICE; PRELIMINARY REFERENCES
  • OTHER PROVISIONS PERTAINING TO THE COURTSUBSIDIARITY; HUMAN RIGHTS VERSUS FUNDAMENTAL FREEDOMS; CONCLUSION; 8. The European Commission: Should it be at the Heart of the Future European Union?; 9. The Role of National Parliaments in the EU's New Constitutional Order; INTRODUCTION; DEMOCRACY AND NATIONAL PARLIAMENTS IN THE EU; SCRUTINY AS SUBSTITUTE SOVEREIGNTY; GUARANTEEING EXECUTIVE ACCOUNTABILITY: THE IMPORTANCE OF THE SCRUTINY RESERVE; MONITORING THE APPLICATION OF THE SUBSIDIARITY PRINCIPLE: WHOSE ROLE IS IT ANYWAY?; NATIONAL PARLIAMENTS IN THE EU'S NEW CONSTITUTION; CONCLUSION
  • 10. For Substantive Constitutionalism in the European UnionINTRODUCTION; THE NORMATIVE CLAIMS OF THE MEMBER STATES; THE INADEQUACY OF THE TREATIES; IDEALISED NEGOTIATIONS; IMAGINING OUTCOMES; CONCLUSION; 11. Forgetting Law in the European Convention? Europe's 'Hidden' Constitution-Building and its Legitimation; INTRODUCTION; LAW AND NON-LAW IN CONSTITUTION-BUILDING PROCESSES; THE REFERENCE PROCEDURE AND THE MAKING OF THE EUROPEAN CONSTITUTION; JUDGES, LAWYERS AND THE SOURCE OF THE FORCE OF LAW; LAWYERS, (SELF)-ILLUSION AND THE MAKING OF THE CONSTITUTION
  • THE FORMALIST NARRATIVE OF EUROPEAN CONSTITUTION-BUILDING
Control code
u390287
Dimensions
unknown
Extent
1 online resource (492 pages)
Form of item
electronic
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9781847311214
Media category
computer
Media MARC source
rdamedia.
Media type code
  • c
Specific material designation
remote
System control number
  • EBL1778907
  • (OCoLC)1055564358

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