Bridging Clauses in European Constitutional Law: Legal Framework and Parliamentary Participation

Description

The book focuses on the legal framework for the use of the bridging clauses of Article 48(7) TEU as well as on parliamentary participation in the process of activating these clauses. It also outlines national parliamentary participation in EU law in general and, specifically, in the procedures for the amendment of the Treaties. Further, it explores the substantial law of the general bridging clauses (scope of application, exceptions, legal effects) and explains in detail the special bridging clauses and similar provisions that are scattered throughout the Treaties. The study further deals in depth with procedural issues, including the procedural requirements in the provision itself, notably the important and most complex element: the participation of the national parliaments, both directly and indirectly through the (European) Council. To this end, the book includes an analysis of the safeguards and mandating systems that national legal orders have installed. Front Matter ....Pages i-viii Introduction (Robert Böttner, Jan Grinc)....Pages 1-16 The General Bridging Clauses of Article 48(7) TEU (Robert Böttner, Jan Grinc)....Pages 17-36 Special Bridging Clauses (Robert Böttner, Jan Grinc)....Pages 37-54 Procedure for Activating the General Bridging Clauses (Robert Böttner, Jan Grinc)....Pages 55-90 Conclusions and Prospects (Robert Böttner, Jan Grinc)....Pages 91-96