Anneli Albi – författare
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5 produkter
5 produkter
Häftad, Engelska, 2005
413 kr
Skickas inom 7-10 vardagar
In the wake of the EU's biggest enlargement, this book explores the adaptation of the constitutions of Central and Eastern Europe (CEE) for membership in the European Union. In response to the painful past, these new constitutions were notably closed to transfer of powers to international organizations, and accorded a prominent status to sovereignty and independence. A little more than a decade later, the process of amending these provisions in view of the transfer of sovereign powers to a supranational organization has proved a sensitive and controversial exercise. This book analyses the amendments against the background of comparative experience and theory of sovereignty, as well as the context of political sensitivities, such as rising euroscepticism ahead of accession referendums.
Inbunden, Engelska, 2005
1 463 kr
Skickas inom 7-10 vardagar
In the wake of the EU's biggest enlargement, this book explores the adaptation of the constitutions of Central and Eastern Europe (CEE) for membership in the European Union. In response to the painful past, these new constitutions were notably closed to transfer of powers to international organizations, and accorded a prominent status to sovereignty and independence. A little more than a decade later, the process of amending these provisions in view of the transfer of sovereign powers to a supranational organization has proved a sensitive and controversial exercise. This book analyses the amendments against the background of comparative experience and theory of sovereignty, as well as the context of political sensitivities, such as rising euroscepticism ahead of accession referendums.
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PDF, Engelska, 20062 718 kr
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Whether the Constitutional Treaty will enter into effect¿or the prospect of the EU having a constitutional text is pushed back to a much more distant future the ratification of an EU Constitution raises questions of fundamental importance from the point of view of national constitutional law. Whilst constitutions have traditionally been linked to states, more recent theories, such as post-national, multi-level, or intertwined constitutionalism, recognise the possibility for a constitution to exist in a non-state context. In this very valuable book, which focuses on the ratification of the European Constitutional Treaty, twenty-eight authorities in constitutional and EU law examine the extent to which such theories have made inroads in national constitutional thinking.
The contributors examine the debates and official documents of the political institutions that have been involved in the ratification process in the Member States, as well as constitutional court decisions and scholarly discourse. They also cover a range of closely related issues, such as the amendment of national constitutions, ratification referendums, and the implications of the codification of the principle of primacy in the European Constitution. The book includes reports from 17 EU Member States, as well as a view from a candidate country, Croatia. These reports, along with other papers on the nature and content of the Constitutional Treaty, consider the following issues:
the process and legal framework of ratification in each of the examined Member States;the novel category of constitutional treaty;constitutional elements in existing EC/EU treaties;types of constitutions and constitutionalism, and constitutions in non-state contexts;the implications of the primacy clause;ratification referendums;eurosceptic fears of the development of a super-state.The book is based on the proceedings of an international conference that was held in Tallinn, Estonia, in November 2005.
By assessing the implications of the European Constitution from the perspective of national constitutional law, this book fills an important gap in the literature. It also makes a contribution to the emergence of a true European-wide constitutional debate, by providing both researchers and policy-makers with comparative information regarding the constitutional aspects of ratification in Member States. It will be of absorbing interest and value for years to come as the European constitutional debate continues.
Inbunden, Engelska, 2006
1 003 kr
Skickas inom 10-15 vardagar
With a Foreword by Jaap de ZwaanOn 1 May 2004, ten countries joined the European Union as Member States. In that same year, five other countries (Bulgaria, Croatia, Romania, Serbia and Montenegro, and Turkey) had or received (pre-)candidate country status. EU accession requires a great number of adaptations in the laws and policies of a country. In order to analyse the impact of these developments and support the countries concerned, the T.M.C. Asser Institute in The Hague initiated a project originally entitled ‘The impact of EU accession for the acceding Member States and (pre-)candidate countries’. The project, which was approved by the Dutch Ministry of Foreign Affairs and financed under the Ministry’s Matra Programme, started at the beginning of 2003 and concluded during the Dutch EU presidency with a final conference in The Hague in October 2004.In preparation for this conference, a group of distinguished experts from the fifteenparticipating countries analysed, according to identical guidelines, the impact of accession on the organization of their national governments, parliaments and judiciaries, as well as on their national constitutions. Their research activities resulted in fifteen country reports offering a multitude of interesting insights, views and experiences. In 2005, the reports were updated by the authors and editors of this book, so that they could be made available to the wider public. As a comparative study of fifteen countries, it is an excellent guide for the preparation of the national legal orders for EU accession, for briefing and training civil servants, judges, practitioners, officials of international organizations and academics, and for post-graduate students.The multi-country research project was carried out by, and under the guidance of, Alfred E. Kellermann, T.M.C. Asser Institute, Jenö Czuczai, European Law Academy Budapest, Steven Blockmans,T.M.C. Asser Institute, and Anneli Albi, University of Kent. They also formed the editing team of the book, which was further complemented by Wybe Th. Douma, T.M.C. Asser Institute.
596 kr
Skickas inom 10-15 vardagar
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes.The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’.The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law.Anneli Albi is Professor of European Law at the University of Kent, United Kingdom.Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.