The European Constitution and national constitutions. Ratification and beyond

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Series Details No. 54
Publication Date 2007
ISBN 978-9-0411-2524-8
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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 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.

Introduction: The European Constitution and National Constitutions in the Context of `Post-national Constitutionalism' - Anneli Albi;
Ratification of the European Constitution in Lithuania and its Impact on the National Constitutional System - Irmantas Jarukaitis;
Ratification of the European Constitution in Hungary: Problems and Challenges - Jenő Czuczai;
The Ratification of the European Constitutional Treaty in Italy - Marta Cartabia;
Spain's Ratification of the Treaty Establishing a Constitution for Europe: Prior Constitutional Review, Referendum and Parliamentary Approval - Pablo Perez Tremps, Alejandro Saiz Arnaiz;
Germany and the EU Constitutional Treaty - Rainer Arnold;
Belgium: The Lock-through System - Francis Delpérée;
Ratification of the European Constitution in Estonia: A New Constitution for Estonia? - Julia Laffranque;
The European Constitution in the Far North, in a Country Called Suomi - Tuomas Ojanen;
French Reactions to the Treaty Establishing a Constitution for Europe: From Constitutional Welcome to Popular Rejection - Jacques Ziller;
The Dutch Constitution, the European Constitution and the Referendum in The Netherlands - Leonard Besselink;
The United Kingdom: A Tragi-Comedy in Three Acts - Clive Church;
Ratification of the European Constitution: Implications for Ireland - Gerard Hogan;
Denmark's Waning Constitutionalism and Article 20 of the Constitution on Transfer of Sovereignty - Hjalte Rasmussen;
Ratification without Debate and Debate without Ratification: The European Constitution in Slovakia and the Czech Republic - Zdenek Kühn;
The Polish Constitution, the European Constitutional Treaty and the Principle of Supremacy - Adam Lazowski;
Sweden's Possible Ratification of the EU Constitution: A Case-study of `Wait and See - Joakim Nergelius;
A View from a Candidate Country: Implications of (Non)-Ratification of the Constitutional Treaty for Croatia - Siniša Rodin and Tamara Ćapeta;
The Treaty Establishing a Constitution for Europe: Some General Reflections on its Character and Prospects for Ratification - Jürgen Schwarze;
Institutional Changes in the Constitutional Treaty: A Reason for its Rejection? - Peter-Christian Müller-Graff;
The European Constitution and the Role of National Parliaments: Hard Law Language, Soft Content - P. Kiiver;
The European Constitution and the Role of National Constitutional Courts - Monica Claes;
Reconciling Widening and Deepening: Enlargement as a Vehicle to Break the Unions Constitutional Deadlock - Steven Blockmans;
National Referendums in the Process of European Integration: Time for Change - Andreas Auer;
Electorates v Politicians: The 2005 French and Dutch Referendums on the EU Constitutional Treaty - George Tridimas and Takis Tridimas;
Conclusions - Jacques Ziller.

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