National Constitutions and EU Integration

Description

Do individual constitutions, and the legal cultures underlying them, pose an obstacle to future EU integration? This ambitious collection brings together reports from all the European Member States, systematically setting out their individual constitutional guarantees. In doing so, it tracks possible roadblocks to the future evolution of European integration. Written by recognised authorities in each Member State, it offers an authoritative and rigorous overview of the European Union's constitutional landscape. Its single-structure approach allows for comparison while maintaining consistency. It will become the standard reference work for academics, students and practitioners in the field of European Union law and integration. Preface Contents The Authors 1. Belgium I. The Belgian Constitutional System II. Constitutional Culture III. Constitutional Foundations of EU Membership IV. Constitutional Limits to EU Integration V. The Implementation of EU Law in Belgium: Rules and Practices VI. Conclusion: The Relation between EU Law and Belgian Law References 2. Bulgaria I. Introduction II. Main Characteristics of the National Constitutional System III. Constitutional Culture IV. Constitutional Foundations of EU Membership V. Constitutional Limits to EU Integration VI. Constitutional Rules and Practice on Implementing EU Law VII. Resulting Relationship between EU Law and National Law References 3. Czech Republic I. Main Characteristics of the Constitutional System II. Constitutional Culture III. Constitutional Foundations of EU Membership IV. Constitutional Limits to EU Integration V. The Constitution and the Implementation of EU Law VI. Conclusion: Ongoing Dynamic Relationship between EU Law and the Czech Constitutional Order References 4. Denmark I. Introduction II. Main Characteristics of the National Constitutional System III. Constitutional Practice and Culture: The Parliament as the Ultimate Symbol of Democracy IV. Constitutional Foundations of EU Membership V. Constitutional Limits to EU Integration VI. Constitutional Rules and Practice on Implementing EU Law VII. Conclusion References 5. Germany I. Germany's Special Situation II. Characteristics of the Constitutional System in Germany III. Constitutional Culture in Germany IV. The Basic Law's Openness vis-à-vis European Integration V. European Integration and the Federal Constitutional Court References 6. Estonia I. Introduction: Shifts in Estonian Constitutionalism in the Light of a 'Disconnect' between National and EU Legal Discourses II. Main Characteristics of the National Constitutional System III. Constitutional Culture IV. Constitutional Foundations of EU Membership and Closely Related Instruments V. Constitutional Limits to EU Integration: Exceptionless Primacy of EU Law VI. Constitutional Rules and the Practice of Implementing EU Law VII. Resulting Relationship between EU Law and National Law: Perspectives Regarding Substantive Constitutional Law VIII. Concluding Remarks: A Case for a Joined-Up Discussion on the Impact of EU law on the Member States' Constitutional Systems as Part of the Debate on the Future of Europe References 7. Ireland I. Main Characteristics of the National Constitutional System II. Constitutional Culture III. Constitutional Foundations of EU Membership IV. Constitutional Limits to EU Integration V. Constitutional Rules and/or Practice Concerning the Implementation of EU Law VI. The Resulting Relationship between European Law and National Law References 8. Greece I. Main Characteristics of the National Constitutional System II. Constitutional Culture III. Constitutional Foundations of EU Membership IV. Constitutional Limits to EU Integration V. Constitutional Rules and/or Practice on Implementing EU Law VI. Resulting Relationship between EU Law and National law References 9. Spain I. Main Characteristics of the National Constitutional System II. Constitutional Culture III. Constitutional Foundations of EU Membership and Closely Related Instruments IV. Constitutional Limits to EU Integration V. Constitutional Rules and Practice on Implementing EU Law VI. Resulting Relationship between EU Law and National Law References 10. France I. Main Characteristics of the National Constitutional System and Constitutional Culture II. Constitutional Foundations of EU Membership and Closely Related Instruments III. Constitutional Limits to EU Integration IV. Concluding Remarks References 11. Croatia I. Main Characteristics of the National Constitutional System II. Constitutional Culture III. Constitutional Foundations of EU-Membership IV. Constitutional Limits to EU Integration V. Constitutional Rules and/or Practice on Implementing EU Law VI. Conclusion – The Relationship between the Croatian Constitution and the EU Legal Order References 12. Italy I. Main Characteristics of the National Constitutional System II. Constitutional Culture III. Constitutional Foundations of EU Membership and Closely Related Instruments IV. Constitutional Limits to European Integration53 V. Constitutional Rules and Practice of Implementing EU Law VI. Conclusion: Resulting Relationship between EU Law and National Law References 13. Cyprus I. Introduction II. Main Characteristics of the RoC’s Constitutional System III. Constitutional Culture IV. Constitutional Foundations of EU Membership V. Constitutional Limits to EU Integration VI. Constitutional Rules and/or Practice on Implementing EU Law VII. Resulting Relationship between EU Law and National Law VIII. Conclusion References 14. Latvia I. Introduction II. Main Characteristics of the National Constitutional System III. Constitutional Culture IV. Constitutional Foundations of EU Membership V. Constitutional Limits to EU Integration VI. Constitutional Rules and Practices on Implementing EU Law VII. Relationship between EU Law and National Law VIII. Conclusions References 15. Lithuania I. Main Characteristics of the Constitutional System II. Constitutional Culture III. Constitutional Foundations of EU Membership and Closely Related Instruments IV. Constitutional Limits to EU Integration V. Constitutional and Sub-Constitutional Rules on Implementing EU Law VI. Resulting Relationship between EU Law and National Law References 16. Luxembourg I. Main Characteristics of the National Constitutional System II. Constitutional Culture III. Constitutional Foundations of EU Membership and Closely Related Instruments IV. Constitutional Limits to EU Integration V. Constitutional Rules and/or Practice on Implementing EU Law VI. Relationship between EU Law and National Law VII. Miscellaneous: The Current Constitutional Amendment Procedure References 17. Hungary I. Main Characteristics of the National Constitutional System, Including the System of the Judiciary II. Constitutional Culture III. Constitutional Foundations of EU Membership and Closely Related Instruments IV. Constitutional Limits to EU Integration V. Constitutional Rules and Practice on Implementing EU Law VI. Resulting Relationship between EU Law and National Law References 18. Malta I. Main Characteristics of the National Constitutional System II. Constitutional Culture III. The Constitutional Foundations of EU-Membership IV. Constitutional Limits to EU-integration V. Constitutional Rules and/or Practice on Implementing EU Law VI. Resulting Relationship between EU Law and National Law References 19. The Netherlands I. Main Characteristics of the Constitutional System II. Constitutional Culture III. Constitutional Foundations of EU Membership and Closely Related Instruments IV. Constitutional Limits to European Integration? V. Constitutional Rules and/or Practice on Implementing EU Law VI. Resulting Relationship between EU Law and National Law VII. Conclusion References 20. Austria I. Main Characteristics of the National Constitutional System II. Constitutional Culture III. Constitutional Foundations of EU Membership and Closely Related Instruments IV. Constitutional Limits to EU Integration V. Constitutional Rules and Practice on Implementing EU Law VI. Concluding Remarks References 21. Poland I. Main Characteristics of the National Constitutional System II. Constitutional Foundations of EU Membership and Closely Related Instruments III. Constitutional Limits to EU Integration IV. Constitutional Rules and/or Practice on Implementing EU Law V. The Resulting Relationship between EU Law and National Law References 22. Portugal I. Main Characteristics of the National Constitutional System II. Constitutional Culture III. Constitutional Foundations of EU Integration IV. Constitutional Limits to EU Integration V. Constitutional Rules and Practice on Implementing EU Law VI. Relationship between EU Law and National Law VII. Concluding Remarks References 23. Romania I. Main Characteristics of the National Constitutional System II. Constitutional Culture III. Constitutional Foundations of EU Membership IV. Constitutional Limits to EU Integration V. Constitutional Rules and Practice on Implementing EU Law VI. Resulting Relationship between EU Law and National Law References 24. Slovenia I. Main Characteristics of the National Constitutional System II. Constitutional Culture III. Constitutional Foundations of EU Membership and Closely Related Instruments IV. Constitutional Limits to EU-Integration V. Constitutional Rules and/or Practice on Implementing EU Law VI. Resulting Relationship between EU Law and National Law References 25. Slovakia I. Main Characteristics of the Slovak Constitutional System II. Constitutional Culture III. Constitutional Foundations of EU Membership and Closely Related Instruments IV. Constitutional Limits to EU Integration V. Constitutional Rules and Practice on Implementing EU Law VI. Resulting Relationship of EU Law and National Law References 26. Finland I. Main Characteristics of the National Constitutional System II. Constitutional Culture III. Constitutional Foundations of EU-Membership IV. Constitutional Limits to EU Integration V. Constitutional Rules and/or Practice in Implementing EU Law VI. Resulting Relationship between EU Law and National Law VII. Concluding Remarks: From Constitutional Outsider to Insider References 27. Sweden I. Main Characteristics of the National Constitutional System II. Constitutional Culture III. Constitutional Foundation of EU Membership and Closely Related Instruments IV. Constitutional Limits to EU Integration V. Constitutional Rules and/or Practice on Implementing EU Law VI. Resulting Relationship between EU Law and National Law References 28. United Kingdom I. UK Constitution: Principal Characteristics II. UK Constitution: Underlying Culture III. EU Membership: UK Constitutional Foundations IV. Constitutional Limits on EU Membership V. Implementing EU Law: UK Constitutional Rules/Practice VI. UK and EU Law: Resulting Relationship References 29. Squaring the Circle – How National Constitutions and EU Law Interact I. Introductory Remarks II. National Constitutional Systems and Cultures III. Constitutional Foundations of EU Membership IV. Constitutional Obstacles to Further EU integration V. The EU Law Perspective – Primacy Revisited VI. Doctrinal Solutions to the Potential Clash of Constitutions? VII. A Modest Conclusion: Cooperation is a Common Constitutional Principle References Index