Europe's constitutional challenges in the light of the recent case law of national constitutional courts : Lisbon and beyond /

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Bibliographic Details
Edition:	1. Aufl.
Imprint:	Baden-Baden : Nomos, c2011.
Description:	415 p. ; 23 cm.
Language:	English
Series:	European constitutional law network-series ; v. 8 European constitutional law network-series ; v. 8.
Subject:	Treaty on European Union -- (1992 February 7). -- Protocols, etc. -- (2007 December 13. Treaty on European Union (1992 February 7) Constitutional law -- European Union countries. Constitutional courts -- European Union countries. Constitutional courts. Constitutional law. Europe -- European Union countries.
Format:	Print Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/8518947

Hidden Bibliographic Details
Other authors / contributors:	Beneyto, José María. Pernice, Ingolf. Otto, Lars S.
ISBN:	9783832967246 3832967249
Notes:	Includes bibliographical references.
Summary:	"This collection contains contributions to an international conference held in Madrid in October 2010. It is based on the view that the European Union and its constitutional law cannot be isolated from its Member States and their respective constitutions, which are part of European constitutional law, and that the case law of the national courts, in particular the constitutional and supreme courts of the Member States, needs to be considered as much as the jurisprudence of the European Court of Justice. It is important to give particular attention to the relevant national constitutional courts' jurisprudence when analyzing European constitutional law. The book demonstrates the seriousness and theoretical depth of the thoughts developed by these courts to grasp the EU's construction and its relation to the Member States, the concepts of primacy of European law, sovereignty and national identity, democracy, and citizens' rights. The comparison of recent case law of the constitutional and supreme courts shows great divergences in concepts and terms, but it makes visible also an emerging dialogue among the courts"--Provided by publisher.

Table of Contents:

Introduction: Achievements and challenges : the European Union, its constitutional courts and the perspectives after Lisbon / Ingolf Pernice
Session 1 : The Treaty of Lisbon in the light of the constitutional courts' case law
Part I : Three courts, four judgments: the judicial approach towards Lisbon in France, Germany and the Czech Republic
French Conseil constitutionnel : recent developments / Jacqueline Dutheil de la Rochère
From Ultra-Vires-Control to Constitutional-Identity-Review: the Lisbon Judgment of the German Constitutional Court / Daniel Thym
The two Lisbon Judgments of the Czech Constitutional Court / Jiři Zemánek
Lisbon before the courts : comparative perspectives / Mattias Wendel
Part II : The Treay of Lisbon in a broader judicial perspective
Toward a (real) cooperative constitutionalism? New perspectives on the Italian Constitutional Court / Roberto Miccú
Evolutive attitude of the Bulgarian Constitutional Court in the EU law space / Emilia Drumeva
The Spanish Constitutional Court, the European law and the constitutional traditions common to the Member States (art. 6.3 TEU) : Lisbon and beyond / Antonio López-Pina
Così è (se vi pare)? Germany, Italy, and European integration after the Treaty of Lisbon / Giacinto della Cananea
Courts, people, citizens : understanding EU's constitutional democracy with the help of the Lisbon Treaty and the Lissabon-Urteil / Tom Eijsbouts
Session 2 : Making Lisbon work
Part I : Institutions and democracy
The president of the European Council / Paul Craig
The Citizens' Initiative - a source of additional legitimacy for the European Union? / Roland Bieber
European Parliament and national parliaments / Miroslaw Wyrzykowski
Linking multiple Demoi : inter-parliamentary relations in the EU / Arthur Benz
Part II : Primacy issues and individual rights
The status of the principle of primacy in the Lisbon Treaty architecture / Stanislaw Biernat
Back to the square one : the past, the present and the future of the Simmenthal Mandate / Siniša Rodin
Does the Treaty of Lisbon really implement equal and non-discriminatory treatment of third-country nations (TCN)? The case of legally resident TCN within a Member State of the Union / Ana Maria Guerra Martins
Session 3 : Future constitutional developments
Motor or brake for European policies? Germany's new role in the EU after the Lisbon-Judgment of its Federal Constitutional Court / Ingolf Pernice
Perspectives on constitutionalization of EU law : the issue of emerging hierarchies in the context of constitutional pluralism / Evgeni Tanchev.

Europe's constitutional challenges in the light of the recent case law of national constitutional courts : Lisbon and beyond /

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