The Constitution for Europe: A Legal Analysis (Cambridge Studies in European Law and Policy)
Cambridge University Press, 3/30/2006
EAN 9780521682183, ISBN10: 0521682185
Paperback, 292 pages, 22.9 x 15.2 x 1.9 cm
Language: English
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.
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.
'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
'Piris is the insider's insider …' Financial Times