Administrative Law

Download The Treaty of Nice and Beyond by Mads Andenas, John Usher PDF

By Mads Andenas, John Usher

Designed to prevail prior books at the Maastricht and Amsterdam treaties, this new paintings contains contributions from top ecu legal professionals assessing the good Treaty and the Post-Nice method, that is swiftly constructing within the lead-up to the following Intergovernmental convention. The book's vital subject matter is the dialogue of a ecu structure and ecu Constitutionalism. the recent constitutional stability after institutional reform, the Luxembourg courts after great, the way forward for the 3 pillar Treaty constitution and the Human Rights constitution are the opposite major issues. one of the individuals are the editors, Professor Stephen Weatherill (Oxford), Professor Noreen Burrows (Glasgow), Professor J?rgen Schwarze (Freiburg), Professor Paul Craig (Oxford), Professor Jo Shaw (Manchester) Steve friends (Essex) Professor Piet Eeckhout (King's university, London) and Professor Alan Dashwood (Cambridge).

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The Treaty of Nice and Beyond

Designed to be successful prior books at the Maastricht and Amsterdam treaties, this new paintings contains contributions from top european legal professionals assessing the good Treaty and the Post-Nice approach, that is swiftly constructing within the lead-up to the subsequent Intergovernmental convention. The book's valuable topic is the dialogue of a ecu structure and eu Constitutionalism.

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Extra info for The Treaty of Nice and Beyond

Example text

100 Rather, it merely empowers the Union to expand the range of attributed competences in order to meet some presumed necessity for action stemming from existing Treaty objectives. 102 On the same provision, the European Parliament has stated: … it would be useful to maintain a mechanism similar to the current Article 308 of the EC Treaty which could be applied only in exceptional circumstances and 94 See eg the Commission’s note to Group V entitled ‘Delimitation of powers: a matter of scale of intervention’ (WGV/4) of 10 July 2002.

137 Unión de Pequeños Agricoltores, para 39; Z, para 40. Both these Opinions were delivered by Advocate General Jacobs. 138 Para 126. 139 Para 80. qxd 1/10/03 5:42 PM Page 35 Convention on the Future of Europe 35 done so. Should this coyness be taken as a sign that the Court is ambivalent about the legal status of the Charter? 3. Possible Incorporation into the Treaties Beyond any doubt, the force of the Charter would be greatly enhanced if it were incorporated in some form into the future constitutional Treaty.

What is more, the Protocol on asylum for nationals of Member States agreed at Amsterdam111 specifies that, where proceedings have been initiated under Article 7(1) or a determination has been made under that provision with respect to a particular Member State, the latter does not qualify as a ‘safe country of origin’. This procedure has yet to be applied. The Treaty of Nice is set to strengthen Article 7 TEU by expressly empowering the Council, after following a specified procedure, to take preventative action where there is a ‘clear risk’ of a serious breach of principles mentioned in Article 6(1).

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