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The constitution of the European Union : a contextual analysis / Ulrich Haltern.

By: Series: Constitutional systems of the worldPublisher: Gordonsville : Hart Publishing, 2025Description: xix, 247 pages 21 cmContent type:
  • text
ISBN:
  • 9781782257479
DDC classification:
  • 342.24
Contents:
Acknowledgements; Contents; Table of Cases; Table of Legislation and International Materials; Table of National Materials; Introduction: I. The Unique Format of EU Constitutionalism; II. Regulation, Constitutionalisation, and Effectiveness; III. The Major Themes of this Book; 1. Constitutionalism and the European Union; I. The Ambiguous State of European Union Constitutionalism: II. State Constitutionalism and Union Constitutionalism; III. The Union Context of Constitutionalism; Further Reading; 2. Constitutionalism and European Integration History: I. History and European Constitutionalism; II. Intergovernmentalism and Supranationalism: The Founding Period; III. The New Supranationalism: The Road to European Union; IV. The New Intergovernmentalism: Towards Today’s Union; V. Crisis Mode: The Last 20 Years; VI. Constitutional Challenges; Further Reading; 3. Institutions and Power: I. Constitutionalism and the Union's Institutions; II. The EU Institutional Framework; III. The Commission; IV. The Council; V. The European Council; VI. The European Parliament; VII. Conclusion; Further Reading; 4. Governance and Legislation: I. What the Union does: EU Policies and Competences; II. How the Union does what it does: EU Law-Making; III. How the Union is Effective in what it does: Direct Effect and Primacy; IV. How Democratic is the European Union?; Further Reading; 5. Courts and the Rule of Law: I. The Place of Law and the Court(s) in European Integration; II. The CJEU as an Institution: Structure, Composition, Caseload, Role; III. The CJEU and National Courts of the Member States; IV. The Court's Political Impact; Further Reading; 6. Regulation and Single Market Constitutionalism: I. EU Constitutionalism and Market Regulation; II. Economic Integration and its Instruments; III. Constitutionalism within the Single Market; Further Reading; 7. Rights and the Individual in EU Constitutionalism: I. EU Fundamental Rights: Sources and Uses; II. The Role of Fundamental Rights in EU Constitutionalism; III. Repercussions of the Role of Fundamental Rights in EU Constitutionalism; IV. The Individual in EU Constitutionalism; Further Reading; Conclusion: I. Decision-Making: From Separating Powers to Fusing Powers; II. Commitments: From Making Law to Enforcing Law; III. Politics: From Exercising Power to Constraining Power; IV. Choices; Index.
Summary: "This book provides a contextual analysis of the constitution of the European Union which, unlike most constitutions, does not belong to a state. It illustrates that the EU is an international organization that has moved beyond the features of international law into a terrain very close to the municipal law of federal states. It explores the judicial impact of the European Court of Justice and the legislative role of the Commission and European Parliament. It shows a unique example of constitutionalism writ large: legal doctrines, institutional arrangements, political practices, and their implications for legitimacy and democracy. This fascinating book will appeal to EU lawyers and comparative constitutional lawyers, as well as political scientists"-- Provided by publisher.
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Acknowledgements;
Contents;
Table of Cases;
Table of Legislation and International Materials;
Table of National Materials;
Introduction:
I. The Unique Format of EU Constitutionalism;
II. Regulation, Constitutionalisation, and Effectiveness;
III. The Major Themes of this Book;
1. Constitutionalism and the European Union;
I. The Ambiguous State of European Union Constitutionalism:
II. State Constitutionalism and Union Constitutionalism;
III. The Union Context of Constitutionalism;
Further Reading;
2. Constitutionalism and European Integration History:
I. History and European Constitutionalism;
II. Intergovernmentalism and Supranationalism: The Founding Period;
III. The New Supranationalism: The Road to European Union;
IV. The New Intergovernmentalism: Towards Today’s Union;
V. Crisis Mode: The Last 20 Years;
VI. Constitutional Challenges;
Further Reading;
3. Institutions and Power:
I. Constitutionalism and the Union's Institutions;
II. The EU Institutional Framework;
III. The Commission;
IV. The Council;
V. The European Council;
VI. The European Parliament;
VII. Conclusion;
Further Reading;
4. Governance and Legislation:
I. What the Union does: EU Policies and Competences;
II. How the Union does what it does: EU Law-Making;
III. How the Union is Effective in what it does: Direct Effect and Primacy;
IV. How Democratic is the European Union?;
Further Reading;
5. Courts and the Rule of Law:
I. The Place of Law and the Court(s) in European Integration;
II. The CJEU as an Institution: Structure, Composition, Caseload, Role;
III. The CJEU and National Courts of the Member States;
IV. The Court's Political Impact;
Further Reading;
6. Regulation and Single Market Constitutionalism:
I. EU Constitutionalism and Market Regulation;
II. Economic Integration and its Instruments;
III. Constitutionalism within the Single Market;
Further Reading;
7. Rights and the Individual in EU Constitutionalism:
I. EU Fundamental Rights: Sources and Uses;
II. The Role of Fundamental Rights in EU Constitutionalism;
III. Repercussions of the Role of Fundamental Rights in EU Constitutionalism;
IV. The Individual in EU Constitutionalism;
Further Reading;
Conclusion:
I. Decision-Making: From Separating Powers to Fusing Powers;
II. Commitments: From Making Law to Enforcing Law;
III. Politics: From Exercising Power to Constraining Power;
IV. Choices;
Index.

"This book provides a contextual analysis of the constitution of the European Union which, unlike most constitutions, does not belong to a state. It illustrates that the EU is an international organization that has moved beyond the features of international law into a terrain very close to the municipal law of federal states. It explores the judicial impact of the European Court of Justice and the legislative role of the Commission and European Parliament. It shows a unique example of constitutionalism writ large: legal doctrines, institutional arrangements, political practices, and their implications for legitimacy and democracy. This fascinating book will appeal to EU lawyers and comparative constitutional lawyers, as well as political scientists"-- Provided by publisher.