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The Constitution for Europe
By
Jean-Claude Piris
Description
There is much
confusion over the ‘Constitution’, and this book provides
an in-depth legal analysis of the institutional aspects of the
Constitutional Treaty which, if ratified by the 25 EU Member States,
would govern the European Union. Piris argues that, despite its
ratification being rejected by the French and the Netherlands
referenda in 2005, the Treaty should not be discarded, as it will
inevitably be the point of departure for the future of European
integration. He places this analysis in an historical and political
context and explains the origin, meanings and legal and political
effects of all proposed changes to the present treaties.
• Provides an
in-depth and rigorous legal and political analysis of all proposed
changes to the present EU treaties • Aims to answer some key
questions such as: ‘What would be the legal, institutional and
practical consequences of the Constitution?’ and ‘Would
it be a ‘legal revolution’ transforming the Union into a
‘pre-federal State’, or would it rather confirm the
existing relationship between the Union and its Member States?’
• Places this analysis in an historical and political context
Contents
Introduction; 1.
Is the Constitution for Europe ‘dead and buried’?; 2. The
process that led to the Constitution; 3. Changes in structures and
procedures; 4. Changes in the institutions; 5. Changes in substance;
6. General assessment; Conclusion: What will the final form of the
Union be?; Annex 1 - Laeken Declaration on the Future of the European
Union; Annex 2 - Existing legal bases switched to ordinary
legislative procedure (codecision); Annex 3 - Existing legal bases
switched to qualified majority voting in the Council; Annex 4 - New
legal bases; Annex 5 - Existing legal bases where unanimity, common
accord or consensus will continue to apply; Annex 6 - Table of
equivalences between the provisions of the Treaty establishing a
Constitution for Europe and the provisions of the EU and EC Treaties;
Annex 7 - List of \\\'passerelles\\\' and provisions on a simplified
revision procedure.
Reviews
\\\'Whatever its
ultimate political destiny, the Treaty establishing a Constitution
for Europe is destined to remain a fundamental text. Piris has
managed the impossible: a commentary written with the authority (and
passion) of a key insider who has \\\'been there, done that\\\' and yet
displaying critical objective insights more habitually found in the
detached observer.\\\' Professor Joseph H. H. Weiler, Director, Global
Law School Program, NYU School of Law
\\\'Jean-Claude Piris
is the leading expert on the EU Treaties. It was he who was called on
by John Major to convince a sceptical European Council, in Edinburgh
in 1992, to accept the additional package which persuaded the Danish
nation to reverse their initial rejection of the Maastricht Treaty.
His analysis of the Constitutional Treaty is legally authoritative
and politically astute. Clear, timely, and wise, it can be commended
not just to scholars and practitioners, but to all confused by the
Treaty\\\'s text, history, or fate.\\\' Lord Kerr of Kinlochard, Former UK
Permanent Representative to the EU, Former Head of the UK Diplomatic
Service, and Former Secretary-General of the European Convention
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