The Constitution for Europe: A Legal Analysis

Front Cover
Cambridge University Press, Mar 30, 2006 - Law - 267 pages
There is much confusion over the 'Constitution', and this book provides an in-depth legal analysis of the institutional aspects of the Constitutional Treaty which, if ratified by the 25 EU Member States, would govern the European Union. Piris argues that, despite its ratification being rejected by the French and the Netherlands referenda in 2005, the Treaty should not be discarded, as it will inevitably be the point of departure for the future of European integration. He places this analysis in an historical and political context and explains the origin, meanings and legal and political effects of all proposed changes to the present treaties.
 

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Contents

Is The constitution for Europe dead and buried?
5
Factors which determined the results of the referenda and motivations of
19
The experience of the two previous instances of negative referenda
24
The case of Ireland
26
The unavoidable questions on the shape of the European project
32
The process that led to the Constitution
38
The European Convention which proposed the draft Constitution
45
Changes in structures and procedures
56
Changes in substance
131
Accession of the EU to the European Convention on Human
143
Strengthening existing EU competences
145
further steps towards a more efficient policy
155
A European Public Prosecutors Office to protect the EUs financial
170
a new legal basis
178
General Assessment
179
Conclusion what will the final form of the union be?
192

One pillar
62
Streamlining the instruments and the procedures of the Union
70
Streamlining the procedures followed by the institutions of
73
Codifying existing rules and principles of EU law
78
Codifying longstanding principles of EU law
82
Changes in the institutions
87
conferring increased rights on actors other than the
115
The EUs citizens
119
General and sectoral passerelles to amend the Constitution
125
List of annexes
198
Existing legal bases switched to ordinary legislative procedure
207
New legal bases
215
New legal bases where consensus in the European Council will
221
Existing legal bases where unanimity common accord or consensus will
222
Existing legal bases switched from QMV to unanimity in
229
List of passerelles and provisions on a simplified revision
249
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About the author (2006)

Director General of the Legal Service, Council of the European Union.

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