EU CONSTITUTIONALISM · A constitutional theory for the European union
6РП — Действия „Мария Кюри“
- Период
- 2004-04-01 → 2006-03-31
- Финансиране от ЕС
- 144 483 €
- Участници
- 1
- Схема
- EIF
Линиите свързват координатора с партньорите.
Накратко на български
Конституционната теория на Европейския съюз анализира разпределението на властта, например връзката между националните съдилища и европейските. Това помага да се разберат демократичните трудности на Съюза и как се прилага законът в общността.
Кратко обяснение, генерирано от езиков модел по текста на CORDIS. Оригиналът е по-долу.
Резултати накратко
Final Activity Report Summary - EU CONSTITUTIONALISM (A constitutional theory for the European Union)
The present research project mainly aimed to explore the key elements of a constitutional theory for the European Union at a time in which its future was somewhat uncertain. To that end, it took into account the current state of the Union and its law, as well as the possible changes due to the ill-fated Constitutional Treaty. By the time of the project completion, the following building blocks of that theory were completed: 1. an exploration of the notion of constituent power, or else pouvoir constituant, and its possible form in the context of the European Union. 2. an examination of democratic theory and its role and chances in the European Union, including the analysis of the democratic difficulties of the Union, their causes and their possible solutions. 3. an analysis and reassessment of the changing role of the European Court of Justice with respect to the interpretation and application of European Union constitutional law, and, in addition, of the changing shape of the judicial system of the Union, including the delicate relationship between national courts and European courts. 4. an analysis of the role of national constitutional courts in that process, including an assessment of the legacy of the Maastricht-Urteil of the German Constitutional Court and its impact on the judiciaries of other member states. 5. an exploration of the socioeconomic model of the European Union, focussing on the relationship between economic and social policies in the Union constitutional design. Most of these elements led to partial publications in journals, collective books or working papers. Others were anticipated to be published in the course of 2007. Finally, a monograph was planned to be published in 2007 so as to bring them together in a book.
Текст от CORDIS, на английски · Данни: CORDIS, © Европейски съюз
Цел на проекта
The proposed research aims at exploring the foundations of a constitutional theory for the EU. In Europe and elsewhere, constitutionalism is undergoing a decisive point in its history. Its fundamental tenets and its relevance for contemporary societies are being put into question by deep socio-economic changes. In this context of crisis, constitutionalism should be adapted to the new circumstances if it is to keep its fundamental role. Actual changes in constitutional law should be guided by new constitutio nal theories: hence the need to update and reform constitutional theory. The EU is the best example of the ongoing transformation of constitutionalism and the context in which it operates, and also the ideal field for this enquiry. There can be no doubt th at the EU is a constitutional polity that tries to overcome the limitations that currently affect constitutionalism. But the need is felt for a constitutional theory adapted to its specific features, a theory that can serve as an appropriate tool for its a nalysis and understanding as a system. With the draft Constitution proposed by the European Convention, the time is ripe for such a comprehensive constitutional theory. The Convention proposes to give a more perfect and complete form to the existing consti tutional materials of the Union. The results of the Convention make it possible to build on more solid ground a constitutional theory for the EU. They may also contribute to the general debate on the crisis and future of constitutionalism. The proposer int ends to examine the following elements: the concept of a constitution, the legal element, the political element, the institutional element and the federal element. In these five areas, two central notions will be given prominent place and will guide the en quiry: rights and competences. The current situation of EU law presents a tension between these two notions. This tension may prove fruitful in structuring the elaboration of a constitutional theory. Th
Оригинален текст от CORDIS (на английски).
Участници
- EUROPEAN UNIVERSITY INSTITUTE · SAN DOMENICO DI FIESOLEКоординаторИталия
Връзки
Данни: CORDIS, © Европейски съюз