Ceci n&#039;est pas une Constitution - Constitutionalisation without a Constitution?: 7th International ECLN-Colloquium Sofia, 17 - 19 April 2008

Prof. Dr. jur. Dr. h.c. Ingolf Pernice; Prof. Dr. Evgeni Tanchev

doi:10.5771/9783845212579

Summary

The present volume provides a thorough analysis of the Lisbon Treaty carried out by leading experts in the field of European constitutionalism. Beyond the discussion of the principal reform steps, it addresses fundamental questions of European constitutional development, being insofar of particular interest for everyone legally or politically interested in Europe.

Alongside the presentation of main aspects of the institutional reform as well as major changes in EU-policy fields, the study is specifically focused on the constitutional dimension of the Reform Treaty. In addition to an in-depth appraisal in terms of constitutional theory, special consideration is attached to basic constitutional elements of the Lisbon Treaty, like the protection of fundamental rights. Furthermore, ways of future treaty amendment and new solutions for potential ratification crisis are discussed.

The present volume is the result of the European Constitutional Law Network’s conference held 2008 in Sofia. Coordinated by its founding member Ingolf Pernice, the network gathers academics and judges from more than twenty states, in view of transnational dialogue as well as academic cooperation.

Search publication

Bibliographic data

Edition: 1/2008
Copyright Year: 2008
ISBN-Print: 978-3-8329-4132-1
ISBN-Online: 978-3-8452-1257-9
Publisher: Nomos, Baden-Baden
Series: European Constitutional Law Network-Series
Volume: 7
Language: English
Pages: 249
Product Type: Edited Book

Titelei/Inhaltsverzeichnis No access Pages 1 - 10
1. Introduction: Multilevel Constitutionalism in Action No access
  Authors:
1. Authors:
  1. Introductory Remarks No access
    Authors:
  2. Authors:
    1. How the Founding Treaties are related to a constitution? No access
      Authors:
    2. The Constitutionalization of the Founding Treaties No access
      Authors:
    3. The Unwritten Constitution of the European Union No access
      Authors:
  3. Authors:
    1. Written constitutions should not be considered as an attribute of the nation state and nation state should not be regarded as constitution's monopolist No access
      Authors:
    2. What is the relationship between the constitutions in a constitutional pluralism? No access
      Authors:
    3. How would supranational non state constitutions look like? No access
      Authors:
  4. Conclusion No access
    Authors:
2. Authors:
  1. The Rhetoric of the European Council No access
    Authors:
  2. The Draft ‘Constitutional Treaty’ of 2004 – a Misnomer? No access
    Authors:
  3. Thin and Thick Concepts of a Constitution No access
    Authors:
  4. Authors:
    1. Yes, It’s a Constitution No access
      Authors:
    2. Disclaimers No access
      Authors:
3. Authors:
  1. Introduction No access
    Authors:
  2. Authors:
    1. Background No access
      Authors:
    2. Treaty of Lisbon No access
      Authors:
  3. Authors:
    1. Preliminary remarks No access
      Authors:
    2. Authors:
      1. Human dignity No access
        Authors:
      2. Freedom No access
        Authors:
      3. Democracy No access
        Authors:
      4. Rule of law No access
        Authors:
      5. Equality No access
        Authors:
  4. Authors:
    1. Charter of the Fundamental Rights of the European Union No access
      Authors:
    2. Authors:
      1. Background No access
        Authors:
      2. Treaty of Lisbon No access
        Authors:
  5. Concluding Remarks No access
    Authors:
4. Authors:
  1. Introduction No access
    Authors:
  2. What is a Constitution? No access
    Authors:
  3. What are the ‘practices’ of ‘constitutionalisation’? No access
    Authors:
  4. Concluding Remarks No access
    Authors:
5. Authors:
  1. Authors:
    1. Input No access
      Authors:
    2. Output No access
      Authors:
  2. Authors:
    1. Impact of Charter of Rights No access
      Authors:
    2. Impact of Constitutional Principles No access
      Authors:
  3. Future Methods of Treaty Interpretation: Political Institutions No access
    Authors:
1. Authors:
  1. European Union Law and National Constitutional Law No access
    Authors:
  2. Supremacy and Primacy No access
    Authors:
  3. The Position of National Constitutional Courts No access
    Authors:
  4. Bulgaria No access
    Authors:
2. Authors:
  1. Introduction: citizenship and constitutionalisation No access
    Authors:
  2. The ‘will’ of citizens No access
    Authors:
  3. The legal evolution of Union citizenship No access
    Authors:
  4. The democratic life of the Union No access
    Authors:
  5. Conclusions No access
    Authors:
3. Authors:
  1. The Charter in the context of the Lisbon Treaty No access
    Authors:
  2. The substance of the Charter: the expression of a community of values No access
    Authors:
  3. General limitations reinforced by the Lisbon Treaty No access
    Authors:
  4. Special limitations or opt-out: an innovation of the Lisbon Treaty, without much consequences No access
    Authors:
1. Authors:
  1. The mechanism of early warning. No access
    Authors:
  2. Role of national parliaments in scrutinising the compliance with the subsidiarity principle No access
    Authors:
  3. Conclusion No access
    Authors:
2. Authors:
  1. What does it look like from abroad? No access
    Authors:
  2. What does U.S. experience show? No access
    Authors:
  3. What Challenges does the Early Warning System Face? No access
    Authors:
1. Authors:
  1. The need of EU constitutional reform No access
    Authors:
  2. The reasons behind deficiencies of the current framework No access
    Authors:
  3. The main innovations No access
    Authors:
  4. The price for communitarisation No access
    Authors:
2. Authors:
  1. Legal Personality of the Union and Abolition of the Pillar Structure No access
    Authors:
  2. Attribution of Treaty-Making Powers to the Union No access
    Authors:
  3. Definition of principles and objectives No access
    Authors:
  4. Authors:
    1. High Representative Functions No access
      Authors:
    2. Limited Role of the Court of Justice No access
      Authors:
    3. Simplification in the CFSP instruments No access
      Authors:
  5. Definition of a Common Security and Defence Policy No access
    Authors:
  6. Clarifications in Common Commercial Policy and other Union Policies No access
    Authors:
  7. Final remarks No access
    Authors:
1. Authors:
  1. Introduction No access
    Authors:
  2. A new role for parliaments in Treaty amendments No access
    Authors:
  3. The impact of ratification – back to intergovernmental bargaining No access
    Authors:
  4. Ratification without unanimity? No access
    Authors:
2. Authors:
  1. Introduction. Presenting the European public No access
    Authors:
  2. The difference: a matter of time No access
    Authors:
  3. The constitutional difference: a matter of structure No access
    Authors:
  4. The public: a matter of history and artifice No access
    Authors:
  5. The Public, direct democracy and European elections No access
    Authors:
  6. Conclusion No access
    Authors:
3. Authors:
  1. Introduction No access
    Authors:
  2. Community Law Mandate for national courts No access
    Authors:
  3. Authors:
    1. Public interest. No access
      Authors:
    2. Judicial deference No access
      Authors:
    3. Non-normative understanding of the Constitution. No access
      Authors:
    4. Proportionality No access
      Authors:
  4. Conclusion No access
    Authors:
1. Authors:
  1. The Constitutional Paradigm Revisited No access
    Authors:
  2. Authors:
    1. The Reform’s Typology No access
      Authors:
    2. Methodological Aspects No access
      Authors:
  3. Authors:
    1. Primacy No access
      Authors:
    2. Fundamental Rights No access
      Authors:
  4. Authors:
    1. Role of National Parliaments No access
      Authors:
    2. Other Institutional Questions No access
      Authors:
  5. Major Changes in Policy Fields No access
    Authors:
  6. Ratification and Future Amendments No access
    Authors:
  7. Conclusion No access
    Authors:
1. Conference Programme No access Pages 243 - 247
2. List of Contributors No access Pages 248 - 249