The treaty establishing a Constitution for Europe - some general reflections on its character and its chances of realisation

Article Abstract:

The difficulties in ratification of the Treaty Establishing a Constitution for Europe (the European Constitutional Treaty) in view of negative referenda in France and the Netherlands and clarifications of issues in the interrelationship between national constitutional and European Community law are discussed. The specific character of the European Constitutional Treaty, in terms of it being a treaty and a constitution are presented, as also an analysis of the chances of its realization.

Laws, regulations and rules, Treaty-making power

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Procedural justice in the European Community case-law concerning the rights of the defence: Essentialist and instrumental trends

Article Abstract:

The social functions and the essential features of the rights of the defense in European Community (EC) case-law are discussed, and their impact on the scope, intensity and forms are analyzed. The EC Courts' hybrid approach, whereby they adopt a vacillating and flexible trend between an instrumental approach and an essentialist approach, is reviewed.

European Union. European Commission, Administrative law

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Implementing European Union Law in the Netherlands: The current system, its limitations and possible alternatives

Article Abstract:

The ways legislative powers are organized and used in the Netherlands for the implementation of European Union law are discussed. A more general consideration of the issue of implement EU law could result in two major alternatives for the current system, which are also discussed.

European Union

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