紹介
For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. "already a standard work...a crucial body of writing in this area" Common Market Law Review From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review.
" Common Market Law Review "...an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law...unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven
目次
Preface Contents Table of Cases Table of European Founding Treaties Table of National Constitutions Table of Legislation Table of International Treaties and Conventions I Defining the Field of European Constitutional Law 1 Armin von Bogdandy: Constitutional Principles 2 Stefan Oeter: Federalism and Democracy 3 Christoph Grabenwarter: National Constitutional Law Relating to the European Union 4 Robert Uerpmann-Wittzack: The Constitutional Role of Multilateral Treaty Systems 5 Christoph Mollers: Pouvoir Constituant-Constitution-Constitutionalisation II Institutional Issues 6 Philipp Dann: The Political Institutions 7 Franz C Mayer: The European Constitution and the Courts 8 Armin von Bogdandy and Jurgen Bast: The Vertical Order of Competences 9 Jurgen Bast: Legal Instruments 10 Antje Wiener: Soft Institutions III Individual Rights 11 Stefan Kadelbach: Union Citizenship 12 Jurgen Kuhling: Fundamental Rights 13 Thorsten Kingreen: Fundamental Freedoms IV Constitutional Aspects of Economic Law 14 Armin Hatje: The Economic Constitution 15 Josef Drexl: Competition Law as Part of the European Constitution V On Finality: Contending Legal Visions 16 Ulrich Everling: The European Union Between Community and National Policies and Legal Orders 17 Ulrich Haltern: On Finality 18 Paul Kirchhof: The Legal Structure of the European Union as a Union of States 19 Manfred Zuleeg: The Advantages of the European Constitution-A German Perspective Index
