The Constitution of Europe: 'Do the New Clothes Have an Emperor?' and Other Essays on European IntegrationCambridge University Press, 1999 M02 25 - 364 pages Joseph Weiler presents essays written during the 1990s on issues related to European constitutional law. In a series of highly accessible discussions concerning the legal framework of the European Communities and the European Union, Professor Weiler describes the gradual strengthening of transnational European institutions at the expense of national legislators. Although individuals as legal consumers have been empowered by Community law, he writes, this has been at the expense of their rights as citizens. The Constitution of Europe thus provides from a legal perspective a balanced and authoritative critique of the attractions and demerits of the goal of European integration. |
Contents
Introduction We will do and hearken | 3 |
The transformation of Europe | 10 |
the foundational period towards a theory of equilibrium | 16 |
mutation of jurisdiction and competences | 39 |
1992 and beyond | 63 |
Two visions of the promised land the ideology ethos and political culture of European integration | 86 |
an afterword | 96 |
Fundamental rights and fundamental boundaries on the conflict of standards and values in the protection of human rights in the European legal space | 102 |
Findesiéde European do the new clothes have an emperor? | 238 |
European democracy and its critics policy and system | 264 |
international supranational infranational or taking MacCormick seriously | 270 |
Models of democracy | 278 |
The autonomy of the Community legal order through the looking glass | 286 |
constitutional or international? | 292 |
Judicial KompetenzKompetenz | 298 |
Redefining the Decisive Question | 317 |
Human rights in the Community legal order | 107 |
Further reading | 128 |
mixity and the federal principle | 130 |
Federal states and international treaties | 136 |
Mixed agreements and the evolution of Community external relations | 168 |
mixity in the light of federalstate experience | 184 |
The leastdangerous branch a retrospective and prospective of the European Court of Justice in the arena of political integration | 188 |
Prospective | 207 |
Introduction the reformation of European constitutionalism | 221 |
The geology of European constitutionalism | 224 |
manifestations and rationale | 230 |
Further reading | 234 |
To be a European citizen Eros and civilization | 324 |
dilemmas and contradictions | 325 |
The affective crisis of European citizenship | 329 |
the official breadandcircus vision | 332 |
Towards the reconstruction of a European ethos | 336 |
three views of multiple demoi | 344 |
the second imperative | 348 |
Enhancing transnational democracy | 349 |
Further reading | 356 |
| 358 | |
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The Constitution of Europe: 'Do the New Clothes Have an Emperor?' and Other ... J. H. H. Weiler No preview available - 1999 |
Common terms and phrases
accepted actors adopted analysis areas Article 235 boundaries challenge comitology Commission Common Market Common Market Law Community law Community legal order Community measure conclusion consociational Constitutional Court constitutionalism context Convention Council Court of Justice decision decision-making democratic direct effect discourse doctrine EC Treaty ECHR economic essay ethos Europe European citizenship European Community European Court European integration European Law European Parliament European Union external federal government foundational period German human rights Ibid ideals implementation individual infranationalism interest intergovernmental Intergovernmental Conference internal competences international law international legal international organization interpretation issue jurisdiction jurisprudence legislative legitimacy limited Maastricht Maastricht Treaty majority voting Market Law Review Member State measures mixed agreements mixity mutation national courts nity norms political principle provisions question relations Schilling Schuman Declaration Single European Act social statal structure subsidiarity supranational supranationalism tional transnational treaty-making power ultra vires values violation vision Weiler