Constitutional and public law extrnal relations

書誌事項

Constitutional and public law extrnal relations

edited by Takis Tridimas & Paolisa Nebbia

(European Union law for the twenty-first century : rethinking the new legal order, v. 1)

Hart Publishing, 2004

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注記

Includes index

内容説明・目次

内容説明

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.

目次

1. Introduction Takis Tridimas 2. Three Challenges for European Constitutionalism in the 21st Century Francis Snyder 3. Judicial Review as a Contribution to the Development of European Constitutionalism Koen Lenaerts and Tim Corthaut 4. Competences of the Union George A Bermann 5. The Hierarchy of Norms Paul Craig 6. Protecting Fundamental Rights in Europe's New Constitutional Order Anthony Arnull 7. The European Court of Justice and the Draft Constitution: A Supreme Court for the Union? Takis Tridimas 8. The European Commission: Should it be at the Heart of the Future European Union? Mike Cuthbert and Sarah Willis 9. The Role of National Parliaments in the EU's New Constitutional Order Adam Cygan 10. For Substantive Constitutionalism in the European Union Bernard Ryan 11. Forgetting Law in the European Convention? Europe's 'Hidden' Constitution-Building and its Legitimation Michelle Everson and Julia Eisner 12. The Draft EU Constitution and Private Party Access to Judicial Review of EU Measures Angela Ward 13. Legality Review of Member States Discretion Under Directives Chris Hilson 14. What is the Point of Francovich? Michael Dougan 15. Lines in the Sand: Between Common Foreign Policy and Single Foreign Policy Eileen Denza 16. Which Policy for Which Europe? The Emerging Security and Defence Policy of the European Union Panos Koutrakos 17. Gripping Global Governance: The External Relations of the EU Between the Treaty of Nice and the Convention on the Future of Europe Christoph Herrmann 18. Squaring the Circle for Tomorrow's World: A Comparative Analysis of the EC and WTO Approaches to Balancing Economic and Non-economic Interests in International Trade Emily Reid 19. The Participation of the European Community in the World Trade Organisation: An External Look at European Union Constitution-Building Antonis Antoniadis 20. EU Immigration and Asylum Law: Internal Market Model or Human Rights Model? Steve Peers 21. A Missed Opportunity? EU Law and Asylum in the 21st Century Helene Lambert 22. Asylum and Immigration in the Context of Enlargement Catherine Phuong 23. Enlargement: A Successful Instrument of Foreign Policy? Marise Cremona 24. The European Employment Strategy and the Challenges of Enlargement Samantha Velluti 25. The EU Charter of Fundamental Rights: Is it a New Accession Condition for the Candidate Countries Especially in Light of the Post-Nice IGC? Jenoe Czuczai

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