Get 50 Years of the European Treaties: Looking Back and Thinking PDF

By Michael Dougan, Samantha Currie

ISBN-10: 1841138320

ISBN-13: 9781841138329

The essays which look during this paintings are in response to papers awarded at a two-day convention held in Liverpool in July 2007 to have fun the fiftieth anniversary of the signing of the Treaty of Rome, which confirmed the eu monetary neighborhood. the gathering displays severely upon a number of the EU's center features and speculates imaginatively at the varied demanding situations that might face the ecu sooner or later. by way of exploring the urgent modern difficulties in Europe and via throwing mild at the huge questions in an effort to outline the EU's identification within the medium time period, the essays additionally draw out hyperlinks with, and threats to, the old achievements of ecu integration. those essays could be crucial analyzing for any student or practitioner drawn to the character of the constitutional courting among the Union and its Member States, and the tensions among monetary and social coverage goals.

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Two of the main cases considered by Barnard—Viking Line and Laval un Partneri—provide the basis for Eleanor Spaventa’s critique of how the ECJ has chosen to structure the balance between economic freedoms (on the one hand) and fundamental rights (on the other hand) in its case law under the primary Treaty provisions. Spaventa argues that the ECJ in such rulings has elevated free movement to the status of a fundamental right, so xxxviii Editors’ Introduction that it competes on equal terms with more traditional freedoms such as those embodied in the European Convention on Human Rights and national constitutions, and as a consequence, the applicable standards of fundamental rights protection have become centralised in the hands of the ECJ rather than determined (where they should be) within each national legal system.

He demonstrates that, ever since the founding ECSC, Euratom and EEC Treaties, the Community institutions have struggled to work within the framework of their available competences so as to manage the amicable co-existence of the three corners of a triangulated policy: economic efficiency in the energy sector within the context of the Single Market; security of energy supply and price; and compatibility with the Community’s environmental goals and international commitments. Those challenges have moved steadily up the Union’s political agenda in recent years, as affirmed in the 2007 Energy Policy for Europe, and their legal framework would be recast by the introduction of a dedicated Energy Chapter by the Treaty of Lisbon.

8 Assent was sometimes to be given by a special qualified majority, as defined by Art 28, second paragraph ECSC, and sometimes by unanimity. The Institutional Framework and the Institutional Balance 3 foundation for a European Federation’. At the same time, reassurance was provided by the gradualist strategy encapsulated in the recital to the ECSC Treaty recognising ‘that Europe can be built only through practical achievements which will first of all create real solidarity, and through the creation of common bases for economic development’.

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50 Years of the European Treaties: Looking Back and Thinking Forward (Essays in European Law) by Michael Dougan, Samantha Currie

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