The Constitution for Europe: A Legal AnalysisThere is much confusion over the 'Constitution', and this book provides an in-depth legal analysis of the institutional aspects of the Constitutional Treaty which, if ratified by the 25 EU Member States, would govern the European Union. Piris argues that, despite its ratification being rejected by the French and the Netherlands referenda in 2005, the Treaty should not be discarded, as it will inevitably be the point of departure for the future of European integration. He places this analysis in an historical and political context and explains the origin, meanings and legal and political effects of all proposed changes to the present treaties. |
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Contents
Is The constitution for Europe dead and buried? | 5 |
The process that led to the Constitution | 38 |
The Working Party of Legal Experts of the IGC | 50 |
Changes in structures and procedures | 56 |
Codifying longstanding principles of EU law | 82 |
Changes in the institutions | 87 |
The national Parliaments | 116 |
The EUs citizens | 119 |
a new legal basis | 178 |
General Assessment | 179 |
Conclusion what will the final form of the union be? | 192 |
List of annexes | 198 |
Existing legal bases switched to ordinary legislative procedure | 207 |
New legal bases | 215 |
New legal bases where consensus in the European Council will | 221 |
Existing legal bases where unanimity common accord or consensus will | 222 |
General and sectoral passerelles to amend the Constitution | 125 |
Changes in substance | 131 |
Accession of the EU to the European Convention on Human | 143 |
further steps towards a more efficient policy | 155 |
A European Public Prosecutors Office to protect the EUs financial | 170 |
Existing legal bases switched from QMV to unanimity in | 229 |
Table of equivalences between the provisions of | 232 |
List of passerelles and provisions on a simplified revision | 249 |
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Common terms and phrases
Accession accordance action adopted agreed agreement allow already amend Annex apply areas Article basis CFSP Charter citizens codecision Commission Commission proposal Committee common competences concerning Conference Constitution continue Convention cooperation Council decision countries Court Court of Justice December decided defence democratic direct draft EC Treaty economic effect elections EP consultation establishing euro Europe European Council European Parliament European Union existing external field Final force framework law fundamental future given Government Group implementing institutions integration internal issues Italy judgment June legal bases legislative majority matters measures meeting Member Minister national Parliaments Nice operations participation particular persons political possibility powers present President principle procedure protection Protocol provisions question regard relating representatives requirements respect result role rules social specific structured subp tasks Title unanimity votes
Bibliographic information
| Title | The Constitution for Europe: A Legal Analysis Cambridge Studies in European Law and Policy The Constitution for Europe: A Legal Analysis, Jean-Claude Piris |
| Author | Jean-Claude Piris |
| Edition | illustrated |
| Publisher | Cambridge University Press, 2006 |
| ISBN | 0521682185, 9780521682183 |
| Length | 267 pages |
| Export Citation | BiBTeX EndNote RefMan |