Governing Europe under a Constitution: The Hard Road from by Rudolf Streinz (auth.), Professor Dr. Herm.-Josef Blanke,

By Rudolf Streinz (auth.), Professor Dr. Herm.-Josef Blanke, Professor Dr. Stelio Mangiameli (eds.)

At the summit in Laeken in December 2001 the eu Council opened the talk at the reform of the supranational constructions via its "Declaration at the way forward for the eu Union" and proposed a wide-ranging time table. the ecu conference, with the mandate of the eu Council, has been forming proposals for a extra democratic, obvious and effective ecu Union and awarded a draft of a Treaty constructing a structure for Europe on twentieth of June 2003. On those fundaments the Intergovernmental convention ultimately got here to a compromise in summer season 2004 after wrestling in particular with the matter of certified majority vote casting in the Council. On twenty ninth of October 2004 the Heads of kingdom and Governments of the 25 Member States signed the Treaty. After the French and Dutch voters refused their approval of the Treaty in referendums the way forward for the draft structure continues to be doubtful. the quantity comprises articles from high-ranking specialists from politics and academia of alternative Member States in regards to the uncomplicated rules of the particular constitutional legislation of the ecu Union and its desire of reform via a structure for Europe. via analysing the foundations to control a Europe of 25 and in time 28 and extra Member States the booklet intends to make contributions to the rising "Ius Publicum Europaeum".

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Extra resources for Governing Europe under a Constitution: The Hard Road from the European Treaties to a European Constitutional Treaty

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2. 1 TEC). "Transparency", "strengthening of responsibility" at the different levels of the European constitutional confederation accordant to the subsidiarity principle, but most notably "disentanglement" of the competences between European Union and Member States are the parameters which are submitted to the European reform legislators^ and which have become decisive for the Title III of the first part of the constitutional draft. Already the Lamassoure report as well as the report of the working group of the European Convention about "complementary competences"'^^ were marked by 66 Cf BVerfG, 2 BvR 1481/04 (note 47), para 61.

See U, Draetta, La Costituzione europea e il nodo della sovranita nazionale, in: Dir. Un. , 2004, 525. Introduction XXXVII This dilemma was criticised by Tony Blair^^ in his speech to the European Parliament on 23 June 2005, but there still remains the problem affecting both the coordination of the European system and its axiological aspects. The proposals for dealing with the stalemate caused by the failure of the referenda in France and the Netherlands must take account of this. II. Coordination in the multilevel system 1.

25 Conseil constitutionnel, Decision n° 2004-505 DC, 19 November 2004. Introduction XXXV "political dualism" without resolving it,^^ the federative structure of the Union will continue to exist and, from the existential point of view, it can certainly considered to be 2i permanent situation. Aside f^om peace, which was the original political basis of the Union, we can now no longer ignore the integrating power of international trade underlying the Community, and which has created an increasing interdependence between societies through the free movement of people, services, goods and capital, making the option for Europe now seem irreversible^ What the evolution of the integration process seems to be indicating, then, is that, particularly since the Union is no longer a "single-purpose" organisation, it cannot be considered a mere supranational entity governed by an international law treaty, even if this is the legal form of the instruments that govern the purposes, organisation, powers and sources of the European order.

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