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Principles of European Constitutional Law 2nd ed

Edited by: Armin von Bogdandy, Jürgen Bast

ISBN13: 9781849462112
Published: April 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback 2009)
Price: £69.99
Hardback edition , ISBN13 9781841138220



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The historic attempt to adopt a Constitution for Europe and its eventual rejection by the electorates of France and the Netherlands led to a renewed and impassioned debate about the future of the EU. Now, with the adoption of the Reform Treaty, the debate about the constitutional architecture of Europe is once again in the full public gaze. More than at any time in the past, Europe is engaged in a process of constitutionalisation which will shape its powers and activities for a generation

Following the warm critical reception given to the first edition of this work, the same editors and contributors have embarked on a second edition which once again presents European constitutional law not merely as a project but as binding law, law which establishes public power, legitimates legal acts, provides for citizenship, protects fundamental rights, and regulates the relationships among legal orders as well as between law and politics.

This, then, is European constitutional law both as it presently stands and as it will look following the Reform Treaty. The contributions present its theoretical and doctrinal fundamentals from the perspective of German-speaking scholarship, reflecting the state of modern research and methodology, illuminating legal doctrines and assumptions, and identifying the future research agenda.

Subjects:
EU Law
Contents:
The Constitutional Approach to EU Law
Armin von Bogdandy and Jürgen Bast
Part I: Defining the Field of European Constitutional Law
1. Founding Principles
Armin von Bogdandy
2. Federalism and Democracy
Stefan Oeter
3. National Constitutional Law Relating to the European Union
Christoph Grabenwarter
4. The Constitutional Role of International Law
Robert Uerpmann-Wittzack
5. Pouvoir Constituant—Constitution—Constitutionalisation
Christoph Möllers
6. On Finality
Ulrich Haltern
Part II: Institutional Issues
7. The Political Institutions
Philipp Dann
8. The Federal Order of Competences
Armin von Bogdandy and Jürgen Bast
9. Foreign Affairs
Daniel Thym
10. Legal Instruments and Judicial Protection
Jürgen Bast
11. Multilevel Constitutional Jurisdiction
Franz C Mayer
Part III: The Legal Position of the Individual
12. Union Citizenship
Stefan Kadelbach
13. Fundamental Rights
Jürgen Kühling
14. Fundamental Freedoms
Thorsten Kingreen
15. The Area of Freedom, Security and Justice
Jörg Monar
Part IV: The Constitution of the Social Order
16. The Economic Constitution within the Internal Market
Armin Hatje
17. The Labour Constitution
Florian Rödl
18. Competition Law as Part of the European Constitution
Josef Drexl
Part V: Contending Visions of European Integration
19. The European Union as a Federal Association of States and Citizens
Ulrich Everling
20. The European Union of States
Paul Kirchhof
21. The Advantages of the European Constitution
Manfred Zuleeg