TY  - BOOK
AU  - Šišková,Naděžda
TI  - The process of constitutionalisation of the EU and related issues
SN  - 9076871876
AV  - KJE4445 .P747 2008
U1  - 341.2422 22
PY  - 2008///
CY  - Groningen
PB  - Europa Law Publishing
KW  - European Union
KW  - Constitutional law
KW  - European Union countries
KW  - Civil rights
KW  - Human rights
N1  - Includes bibliographical references; 1; Actual Issues of the Creation of Constitutionalism in the Field of Human Rights at the EU Level and its Prospects; Nadezda Siskova --; 1; European Constitutionalism and its Human Rights Dimension --; 2; The Concept and Attributes of Human Rights, the Differentiation of Certain Terms --; 3; The Evolution of the Protection of Human Rights in the EC /EU: From Judicial Doctrine to the Charter of Fundamental Rights of the EU --; 4; The Issues of the Enforcement of the Charter --; 5; Eventuality of the Accession of EC /EU to the European Convention of Human Rights --; 5; Conclusions: Future Direction of the EU in the Field of Human Rights --; 2; Fundamental Rights in the European Union; Rainer Arnold --; I; The Protection of the Fundamental Rights is the Nucleus of Contemporary Constitutionalism: the Anthropocentric Approach --; II; Unwritten Fundamental Rights as General Principles of Community Law --; III; The Inspiration Sources for the Judicial Development of Fundamental Rights --; IV; The German Federal Constitutional Court and its Relation with the European Court of Justice in Fundamental Rights Matters --; V; Fundamental Rights as Primary Law --; VI; From Unwritten to Written Fundamental Rights --; 1; Article 6 s2 of the EU Treaty --; 2; The Elaboration of the Fundamental Rights Charter by the First Convention --; VII; The Charter of Fundamental Rights Charter of the European Union and its Basic Characteristics --; 1; The Charter as a European Document --; 2; The Fundamental Rights Charter as an Anthropocentric Document which Fulfills the Requirements of Modern Constitutionalism --; 3; The Charter as an Expression of the Modern Concept of Rule of Law --; 4; Supremacy of the Fundamental Rights Protection Instead of Supremacy of Community Law --; 5; The Application and the Entry Into Force of the Charter --; VIII; The Charter More in Detail --; IX; How to Realize Fundamental Rights Protection --; X; General Principles of Community Law and Written Fundamental Rights: A Parallelism --; XI; The Accession of the European Union to the European Convention of Human Rights --; XII; Convention Rights as an Examination Criterion for Community Law? --; XII; Fragmentation or Confirmation of Fundamental Rights Protection in Europe? --; 3; European Constitutional Law; Rainer Arnold --; 1; The Reform Treaty of Lisbon --; 2; European Constitutional Law - An Emerging Concept Without a Commonly Accepted Definition --; 3; Formal and Substantive (Functional) Constitutional law --; 4; The Notion of Substantive or Functional Constitutional Law --; 5; Is the Term Constitution or Constitutional Law Limited to a State? --; 6; The Functions of a State Constitution and the Transfer to Supranational Level --; 7; The Different Dimensions of European Constitutional Law --; 8; Constitutional Law at the EC level --; 9; Constitutional Law Convergence --; 10; Conclusion --; 4; Europeanization of the term “Constitution”, European Court of Justice and the Establishing Treaties of EC /EU; Nora Chronowski --; 1; Concept of the Constitution --; 2; Treaties as Constitution in the ECJ's Case-Law --; 3; Constitutional Character of the Establishing Treaties: Pros and Cons --; 3.1; Pros for Constitutional Character --; 3.2; Cons for Constitutional Character --; 4; The European Constitution in the Future --; 4.1; Factors Influencing the Drafting of a Constitution for Europe --; 4.2; Functions of a Supranational Constitution --; 4.3; Contents of a Supranational Constitution --; 5; Summary --; 5; The Constitutional Nature of the European Union, The Theoretical Premises of European Constitutionality; Karel Klima --; I; The Constitutional Legal Specialties of EC /EU in the Development --; II; The European Union as a Sovereign System of Power --; III; The State-Legal Nature of European Union --; IV; The European Union as a Combined Constitutionality --; V; Common Constitutional Values of Member States as a Source of European Constitutionalism --; VI; The Europeanisation of National Constitutions --; VII; Heterogeneity of the Forms of Constitutional Models in the Member States of European Union --; 1; Introduction --; 2; Variety of Forms of State and Forms of Government --; 3; Variety of Modifications of the Technologies of Democracy --; 4; Variants of Territorial Autonomy --; 5; The Special Position of Constitutional Judiciary --; 6; The Interpretation Doctrine of the European Court of Human Rights; Viera Straznicka --; 1; The Special Character of the European Convention --; 2; The Court's Interpretation Doctrine --; 3; The Key Principles of the Interpretation --; 3.1; The Convention as 'a Living Legal Instrument' --; 3.2; The Principle of Subsidiarity --; 3.3; The Margin of Appreciation Doctrine --; 4; Resume --; 7; Democracy in the EU: National Parliaments and the Quest for Legitimacy; Jiri Georgiev --; 8; Some Consideration about the Application of the Principle of Subsidiarity upon Execution of Public Power; Ales Gerloch --; 1; Introduction --; 2; Immanency of the Principle of Subsidiarity and its Aspects --; 3; Subsidiarity of Sources of Law --; 4; Interpretation of Law and the Principle of Subsidiarity --; 5; Concurring Principles --; 6; Summary --; 9; Citizenship in International and European law; Jan Klucka & Peter Pecho --; I; Nationality in International Law --; II; Citizenship in the European Union Legal System --; 1; Way to the 'European Citizenship' --; 2; Application Ratione Personae of the European Citizenship --; 3; Specific Rules of Application of the Union Citizenship Provisions --; 4; Right of EU Citizens to Move and Reside Within the Territory of other Member States --; 5; Economic Consequences of the Free Movement and Residence of the Union Citizens Within the Territory of Member States --; III; Conclusion --; 10; The Current Issues of Competition Law and its Human Rights Dimension; Michal Petr --; I; Introduction to EC Competition Law --; II; The Modernization of EC Competition Law --; III; Competition Law and the Protection of Human Rights --; 1; Human Rights in EC Law --; 2; The ECJ and the ECHR --; IV; Parallel Application of EC and National Competition Law --; 1; When does EC Competition Law Apply? --; 2; Parallel Application of Competition Law --; 3; The Ne Bis In Idem Principle --; V; Conclusions --; 11; Constitutionalisation of Private Law in Europe; Anna Lytvynyuk --; I; Constitutionalisation of Private Law --; A; 'Indirect Horizontal Effect' of Fundamental Rights: Solutions Found by National Constitutional Courts --; B; The Debate over 'Constitutionalisation' of Private Law --; II; The Effect of EU Fundamental Freedoms on Private Relationships in the EU --; A; Case-Law of the European Court of Justice --; III; Conclusion --; 12; Conflict with International Law as a Ground for Invalidity of Community Acts; Pavel Svoboda --; 1; Sources of Legality of Community Acts --; 2; Conditions for Reviewing the Legality of a Community Act in the Light of International Law --; 2.1; Direct Applicability --; 2.2; Manifest Breach of an International Rule --; 13; "Euro-amendment" to the Czech Constitution; Lenka Pitrova --; 1; Relationship Between International and National Law --; 2; Transfer of Sovereign Rights --; 3; Relations Between the Government and the Parliament --; 4; Preliminary Control (controle prealable) by the Constitutional Court --; 14; The Enlargement of the European Monetary Union and its Perspectives in the New Member States; Michal Tomasek --; 1; Nominal and Real Convergence Criteria --; 2; Price Stability --; 3; Long-term Interest Rates --; 4; Exchange Rates --; 5; Public Deficit --; 6; Public Debt --; 7; Real Economic Criteria --; 8; Conclusions --; 15; Aspects of the New Neighbourhood Policy of the EU; Kateryna Karpova --; I; Definition and the Aims of the ENP --; II; Aims More in Detail --; III; Geographic Extension --; IV; Instruments of the ENP --; V; Principles of the ENP --; VI; Evaluation
N2  - "The main objective of the book is to give an analysis of relevant parts of the European Union legal order with regard to some envisaged cardinal changes in the field of acquis communautaire, which are linked directly to the constitutional development at supranational level. The significance of the issues of EU constitutionalism is enduring and cannot be reduced merely to the process of formal creation of a Constitution for Europe. Although the Constitution for Europe, after the unsuccessful referenda in France and the Netherlands, seems to be at the moment put aside ad acta, actual constitutional development already exists in the form of concrete provisions and institutes, as well as indicated by general trends de lege ferenda, and thus it can be used as a guide for dealing with the key questions of constitutionalisation of supranational entities. In addition, the conclusions of the Brussels summit (June 2007) show that this document will serve as a source for the future and its substance will be used, but with certain modifications. The publication reflects this fact. The book, in the form of collection of essays, was prepared by leading researchers from universities of old and new member states of the EU with participation of representatives of European institutions and national authorities. The book focuses especially on the formation of a transnational constitutional sphere; the influence of the national constitutional models on the development of European Constitutional law; the actual issues of the constitutionalism in the field of human rights on EU level and its prospects, including the analysis of future mechanism of the enforcements of those rights; the issues of binding character of the Charter of Fundamental Rights of the EU and prospective accession of the EU to the European Convention on Human Rights; actual constitutional issues related to the European Parliament and national parliaments, the relationship between the European Court of Justice and national courts of member states; the constitutional aspects of the European judicial system. Consideration is also given to other important questions where especially the cardinal changes are envisaged."--Publisher's website
ER  -