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Vol 21 No 8 Aug/Sept 2016

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EU Enlargement: The Constitutional Impact at EU and National Level

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Edited by: Alfred E. Kellermann, J. W. De Zwaan, Jeno Czuczai

ISBN13: 9789067041324
ISBN: 9067041327
Published: March 2002
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Hardback
Price: £85.00



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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;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.

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Subjects:
EU Law
Contents:
Foreword: J.W. de Zwaan Report of the Conference; A.E. Kellermann (including opening speech by L.W. Gormley); Session I: The European Architecture (Constitutional Order and Charter of Fundamental Rights), with contributions by J.H.H. Weiler, et al. Session II: The National Level: Impact on Constitutions and Courts of EU Member States , with contributions by J. Peters, B. de Witte, et al. Session III: National Level: Impact on the Constitutions and Courts of the Candidate Countries, with contributions by A. Albi, et al. Session IV: IGC and Future Perspectives for the European Architecture, with contributions by P. van Nuffel, F. Andriessen. Final Session: Practical Implementation of the Challenges of Accession, with contributions by J. Czuczai, et al. Conclusions and Summing-up of the Conference; J.W. de Zwaan. Postscriptum: The Irish Referendum on the Treaty of Nice and Article 10 EC; A.E. Kellermann. Annexes, including speeches by D. Benschop, et al.List of Participants.