Cambridge Yearbook of European Legal Studies. Volume 08, by John Bell, Claire Kilpatrick PDF

By John Bell, Claire Kilpatrick

ISBN-10: 184113662X

ISBN-13: 9781841136622

ISBN-10: 1847312926

ISBN-13: 9781847312921

The Cambridge Yearbook of eu criminal stories offers a discussion board for the scrutiny of important matters in eu Union legislation, the legislations of the Council of Europe, and comparative legislations with a eu measurement — fairly these that have come to the fore throughout the 12 months previous e-book. each one quantity during this prestigious and well-established sequence bargains papers on the innovative of the fields which they deal with, and replicate the perspectives of well-known specialists drawn from the collage international, felony perform, and the civil companies of either the european and its Member States. Inclusion of the comparative size brings a clean viewpoint to the examine of ecu legislation, and highlights the consequences of globalization of the legislation, and the ensuing go fertilization of norms and concepts that has happened between formerly sovereign and separate felony orders.

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Additional resources for Cambridge Yearbook of European Legal Studies. Volume 08, 2005-2006

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234 Art 5(3) . . . . . . . . . . . . . . . . . . . . . . . 244 Art 5(5) . . . . . . . . . . . . . . . . . . . . . . . 243 Art 5(5)(1) . . . . . . . . . . . . . . . . . . . . . . 233 Art 5(b) . . . . . . . . . . . . . . . . . . . . . . . 243 Art 6-9 . . . . . . . . . . . . . . . . . . . . . . . 233 Art 6(1) . . . . . . . . . . . . . . . . . . . . . . .

The consensus is (almost) unanimous as to this dual legal basis of the primacy principle. It is quite understandably so: is not the dual legitimacy of our common architecture (rooted in the will of the states and in the will of the citizens) our Grundnorm? If the Community was already hermaphroditic, the hermaphroditic nature of our overall European construction was amplified and made even more transparent by the turning point of Maastricht, when, in the year 1992, the European Union and its three pillars had their birthday.

52 1 Constitutional Developments in Europe GIULIANO AMATO* Editors’ Note: The following short article by Professor Amato is based largely on his Mackenzie-Stuart Lecture given at the Faculty of Law, University of Cambridge in November 2005. The article offers a reflection on the distinctive nature of the European Union, which is neither a federation nor simply a collection of sovereign states. The attempt to encapsulate this distinctive nature proved to be one of the major challenges of the process of producing the Treaty on a Constitution for Europe, in preparation for which Professor Amato was Vice-Chairman of the European Convention.

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Cambridge Yearbook of European Legal Studies. Volume 08, 2005-2006 by John Bell, Claire Kilpatrick


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