Arhivă pentru mai, 2008
mai 29, 2008 la 1:17 pm
· Înregistrat sub Drept constitutional, Parlamente nationale, Primatul dreptului comunitar, Suveranitate, Transferul de competente
Autor: Gavin Drewry
Abstract:
Parliamentary sovereignty, meaning that the validity of Acts of Parliament cannot be challenged in the courts, has long been a core principle of the uncodified British Constitution. Much of the political controversy in the 1960s and ’70s about UK membership of the European Communities focused on the transfer of law-making functions to the EC Commission and the Council of Ministers. The role of the European Court of Justice, and the possibility that both the ECJ and the UK’s own domestic courts might entertain challenges to domestic primary legislation, on the grounds of its incompatibility with EC law, was largely overlooked. It was not until the mid-1980s that British ‘Eurosceptics’ began to realise that the courts might pose a challenge to parliamentary sovereignty. A turning point was the Factortame litigation, in which the ECJ reaffirmed that domestic legislation that conflicts with EC legal obligations must be disapplied. A decade later, in the ‘metric martyrs’ case, a British court, without referring the issue to the ECJ, decided an important principle of EC law. Both these cases – the focus for much political lobbying – underline the extent to which the courts have acquired a much higher political profile in the UK than they have had in the past.http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1083683#PaperDownload
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mai 29, 2008 la 11:42 am
· Înregistrat sub Drept constitutional, Parlamente nationale, Suveranitate
Autor: Paul Craig
Un articol despre raporturile executiv-legislativ in Marea Britanie, despre limitele prerogativelor suverane ale executivului si despre modul in care acesta din urma reuseste sa domine legislativul, in pofida absentei unei garantii constitutionale.
A se vedea http://www.conseil-constitutionnel.fr/cahiers/ccc19/etude2.htm
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mai 29, 2008 la 9:50 am
· Înregistrat sub Constitutia Europeana
Autor: Neil Walker
Abstract
This paper sets out to examine the prospects for EU constitutionalism in the light of the protracted and perhaps insuperable difficulties surrounding the ratification of the 2004 Constitutional Treaty. It argues that these difficulties simply reinforce the need for thinking about the EU’s constitutional settlement in non ‘finalist’ terms. The EU polity has always been and remains dynamic and open-ended, and so the attempt to ‘contain’ it within a final settlement is probably in practice misconceived, as well as leading to deep disagreement about the terms of any such purported final agreement. The constitutional idea remains a powerful one – a key way for the European polity to think about itself seriously as collective project rather than the sum of it various national parts – provided the association of constitutional thought and method with finalité is broken.
Articol aparut in colectia Law working papers a EUI si accesibil la http://cadmus.eui.eu/dspace/bitstream/1814/6864/1/LAW-2007-16.pdf
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mai 29, 2008 la 9:39 am
· Înregistrat sub Constitutia Europeana
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mai 29, 2008 la 9:25 am
· Înregistrat sub Constitutia Europeana, Tratatele constitutive ale UE
Autor: Andrew Duff
“On 21-22 June 2007, the European Council is going to risk a big salvage operation on the EU constitution. As Europe’s leaders approach renegotiation of the 2004 constitutional treaty, they face some difficult choices. Their famous, self-imposed ‘period of reflection’ has shown how complicated the problem is but it has not exactly crystallised the available options. Two years on from the French and Dutch referendums, it is high time for the European Council to take a decisive initiative. It is not the purpose of this short pamphlet to rehearse all the arguments about why and how the constitution should be saved. Suffice it to say that without the constitution Europe will be the weaker”.
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mai 29, 2008 la 8:34 am
· Înregistrat sub Constitutia Europeana
This paper sets out to examine whether and on what basis it is possible to ‘carry over’ the state constitutional tradition to the European Union context. It makes a case for a context-transcending five-dimensional conception of constitutionalism, embracing legal order, political system, self-authorization, societal integration and political reflexivity. it argues that the EU presently possesses a truncated constitutionalism in which only the first two dimensions are well-developed, and that its long-term legitimacy depends upon the fuller development of the last three dimensions- whether or not in the form of a documentary Constitution.
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