European Parliament Library

Europe's constitutional challenges in the light of the recent case law of national constitutional courts, Lisbon and beyond, José Maria Beneyto, Ingolf Pernice (eds) ; Bearbeitung: Lars S. Otto ... [et al.]

Summary
"This collection contains contributions to an international conference held in Madrid in October 2010. It is based on the view that the European Union and its constitutional law cannot be isolated from its Member States and their respective constitutions, which are part of European constitutional law, and that the case law of the national courts, in particular the constitutional and supreme courts of the Member States, needs to be considered as much as the jurisprudence of the European Court of Justice. It is important to give particular attention to the relevant national constitutional courts' jurisprudence when analyzing European constitutional law. The book demonstrates the seriousness and theoretical depth of the thoughts developed by these courts to grasp the EU's construction and its relation to the Member States, the concepts of primacy of European law, sovereignty and national identity, democracy, and citizens' rights. The comparison of recent case law of the constitutional and supreme courts shows great divergences in concepts and terms, but it makes visible also an emerging dialogue among the courts" -- provided by publisher
Table Of Contents
Introduction: Achievements and challenges : the European Union, its constitutional courts and the perspectives after Lisbon / Ingolf Pernice -- French Conseil constitutionnel : recent developments / Jacqueline Dutheil de la Rochère -- From ultra-vires-control to constitutional-identity-review : the Lisbon judgment of the German constitutional court / Daniel Thym -- The two Lisbon judgments of the Czech constitutional court / Jiři Zemánek -- Lisbon before the courts : comparative perspectives / Matthias Wendel -- Toward a (real) cooperative constitutionalism? : new perspectives on the Italian constitutional court / Roberto Miccú -- Evolutive attitude of the Bulgarian constitutional court in the EU law space / Emilia Drumeva -- The Spanish constitutional court, the European law and the constitutional traditions common to the member states (art. 6.3 TEU) : Lisbon and beyond / Antonio López-Pina -- Così è (se vi pare)? : Germany, Italy, and European integration after the Treaty of Lisbon / Giancinto della Cananea -- Courts, people, citizens : understanding EU's constitutional democracy with the help of the Lisbon Treaty and the Lissabon-Urteil / Tom Eijsbouts -- The president of the European Council / Paul Craig -- The Citizens' Initiative : a source of additional legitimacy for the European Union? / Roland Bieber -- European parliament and national parliaments / Mirosław Wyrzykowski -- Linking multiple demoi : inter-parliamentary relations in the EU / Arthur Benz -- The status of the principle of primacy in the Lisbon Treaty architecture / Stanisław Biernat -- Back to the square one : the past, the present and the future of the Simmenthal mandate / Siniša Rodin -- Does the Treaty of Lisbon really implement equal and non-discriminatory treatment of third-country nationals (TCN)? : the case of legally resident TCN within a member state of the Union / Ana Maria Guerra Martins -- Motor or brake for European policies? : Germany's new role in the EU after the Lisbon-judgment of its federal constitutional court / Ingolf Pernice -- Perspectives on constitutionalization of EU law : the issue of emerging hierarchies in the context of constitutional pluralism / Evgeni Tanchev
Language
eng
Edition
1. Aufl
Physical Description
415 p. ;, 23 cm
Specific Material Designation
unspecified
Form Of Item
regular print reproduction
Isbn
9783832967246

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