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EU Enlargement : The Constitutional Impact at EU and at National Level - Alfred E. Kellermann

EU Enlargement

The Constitutional Impact at EU and at National Level

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Published: 15th August 2001
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The studies, debates and suggestions collected in this work are the result of an international conference on European Law held in September 2000, organized by the T.M.C. Asser Institute in The Hague, in cooperation with the Constitutional and Legal Policy Institute COLPI, Budapest, Hungary. The subject of the conference concerned the impact of the enlargement of the European Union on the constitutional provisions of both levels of legal order: the national and the European level. At the National level, enlargement will, most likely, contribute in many candidate countries to constitutional modernization and fundamental changes. Constitutional provisions have to be regulated and adjusted before accession. Provisions of national constitutions contrary to or contradicting the acquis communautaire have to be amended. National courts interpreting these constitutions (living constitutions) will play a new important independent role as community courts. After accession these national courts of the candidate countries should accept and apply the principles of direct effect, direct applicability and supremacy of community law. At the EU level reorganization and simplification of the Treaties as well as reform of the EC=s institutions (European Parliament, Council, Commission and European Court of Justice) should increase the effectiveness of the legal order of the Union. The contributions in this Volume are grouped around five major themes: i. the European architecture, i.e., the constitutional order and the Charter of Fundamental Rights; ii. the impact of enlargement on constitutions and courts of EU Member States; iii. the impact of enlargement on the constitutions and courts of the candidate countries; iv. the IGC and future perspectives for the European architecture; and v. the practical implementation of the challenges of accession. The contributors, coming from Member States as well as all candidate countries, are representatives and legal experts from national governments, from the EC Institutions, the national judiciary and the academic world (European and constitutional law). The contributions are preceded by a Report on the Conference and followed by Conclusions and Summing up of the Conference. The Annexes include, a.o., documents from the European Council of Nice (December 2000), such as the `Protocol and Declaration of Enlargement', `Declaration on the Future of the Union' and the `Charter of Fundamental Rights of the European Union'. This book is essential and vital as background information for the broad discussion which will start on the basis of the `Declaration on the Future of the Union' from the European Council of Nice (December 2000), and which process of debates will continue with appropriate initiatives after the `Declaration of Laeken' from the Belgian Presidency (December 2001) till the new Conference of the Representatives of the Governments of the Member States, to be convened in 2004.

Foreword
Acknowledgements
List of abbreviations
Report on the conference
The European Architecture (Constitutional Order and Charter of Fundamental Rights)
Europe 2000 - The constitutional agenda
Drafting a charter of fundamental rights of the European Union
On human rights and the idea of a European charter of fundamental rights
The EU charter of fundamental rights: a building block for the European constitutional order
The impact of the EU Charter of fundamental rights on the candidate countries
Institutional and constitutional challenges for the European Union - some reflections in the light of the Treaty of Nice
The National Level
Impact on Constitutions and Courts of EU Member States
The Dutch constitution and Dutch constitutional values
Constitutional aspects of European Union membership in the original six member states: model solutions for the applicant countries?
The British way: the cohabiting with community law
Ireland and the European Union: constitutional law and practice
The Danish constitutional order
The Spanish constitutional order
The adaptation of the Portuguese constitutional order to community law
The European Union and the Greek constitutional order
Introduction to the problems in the Austrian, the Finnish, and the Swedish constitutional order
The constitutional impact of the forthcoming enlargement of the EU: what can be learnt from the experience of the existing member states?
National Level
Impact on the Constitutions and Courts of the Candidate Countries
Europe agreements in the light of sovereignty and legitimacy: case of Estonia
Introduction to the partnership and cooperation agreements
Constitutional questions raised by the proposed accession of Malta to the European Union in the general context
The constitutional impact of enlargement at EU and national level - the case of the Republic of Cyprus
Introduction to the constitutional problems of accession of Turkey
Legal and quasi-legal thresholds of the accession of the Czech Republic to the EC
The impact of the European integration process on the creation of the broad lines of the constitution of the Republic of Poland and on the political practices of the country
Estonian constitutional problems in accession to the EU
Constitutional amendments due to Bulgarian full EU membership
Constitutional problems of accession in Romania
Constitutional questions of the preparation of Hungary to accession to the European Union
Constitutional aspects of the accession of the Slovak Republic to European Union
The impact of the European integration process on the constitution of Latvia
Lithuania: the constitutional impact of the enlargement at national level
Constitutional problems in the period of pre-accession in the Republic of Slovenia
Constitutional impact of the eastward enlargement in Central-Eastern Europe
Report on Session III
IGC and Future Perspectives for the European Architecture
The constitutional issues on the IGC 2000 agenda
Reflections on a new European architecture
Final Session. Practical Implementation of the Challenges of Accession: Practical implementation by the acceeding candidate countries of the constitutional acquis of the EU
Problems and challenges
The amendments of the Czech constitution for the accession to the European Union
The German experience to meet the challenges of reunification
The impact of the EU charter of fundamental rights in the perspective of enlargement
Summing-up and conclusions
PostScriptum: the Irish referendum on the treaty of Nice and Article 10 EC
Annexes
List of participants
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9789067041324
ISBN-10: 9067041327
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 1150
Published: 15th August 2001
Publisher: SPRINGER VERLAG GMBH
Country of Publication: NL
Dimensions (cm): 25.15 x 15.95  x 3.86
Weight (kg): 1.14
Edition Number: 30