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Topic: EU constitution

Ads by Google Related Topics EU law EU treaties EU Copyright Directive EU competition law EU regulations EU Constitution EU Commission      Encyclopedia: EU Constitution It has been argued that to call the document a Constitution rather than a treaty implies an unacceptable change in the nature of the EU, from an association of cooperating countries to a single state or something approaching a state. The flexibility clause allows the EU to act in areas not made explicit in the Constitution, but only if all member states agree, with the consent of the European Parliament, and where this is necessary to achieve an agreed EU objective. Defenders also point out that it must logically be longer, since it is not an all-embracing, general constitution, but rather a document that precisely delineates the limited areas where the European Union has competence to act over and above the competences of member states. http://www.nationmaster.com/encyclopedia/EU-Constitution      Eurozine - article Constitutional norms do not have to be enforced by means of judicial review in order to be considered as constitutional (56). A third meaning concerns the constitution in an instrumental sense, the written document or fundamental legal act which sets forth at least the principal constitutional legal norms. We can use the expression "constitution in the subjective sense" to refer, not to deliberation by the people, but rather to people's subjective orientation: that is, to use Weber's terms, whether people are subjectively oriented to the constitution in a substantive sense as if it were their fundamental legal act. http://www.eurozine.com/article/2004-02-19-snyder-en.html      Statewatch News online: Statewatch Observatory on EU Constitution EU Constitutional annotation no 3: Part III, Title VI, Chapter I, Section 1, Subsection 5: Court of Justice (pdf) Each of the text is annotated to compare the current Treaties, practice and case law to the proposed Constitution - and in the case of decision-making the present division of powers to those proposed (including new powers). http://www.statewatch.org/euconstitution.htm      BBC NEWS World Europe Q&A: EU Constitution There is also a possibility that it will not be ratified by one or more of the 25 states. The constitution could also bring some European issues closer to home, as national parliaments vote on whether to try to block specific pieces of European legislation. There were also disagreements over a mutual defence clause which has now been inserted in the draft constitution. http://news.bbc.co.uk/1/hi/world/europe/3252628.stm      EU Constitution complete, but ratification looms large csmonitor.com The mood of triumph at the deal on the Constitution was soon overshadowed, however, when the summit could not agree on a successor to Romano Prodi, president of the European Union's executive body. Other contentious issues were resolved when Britain won the right to veto EU decisions on taxation, defense, and social security, and when Poland and Spain agreed to new voting rules that give them less influence than they now enjoy. To come into force, the Constitution must win approval in all 25 EU states by either parliamentary vote or referendum. http://www.csmonitor.com/2004/0621/p07s01-woeu.html      FOXNews.com - Views - CATO - The Constitutional Divide The EU's powers are supposedly limited in this document but there is an escape clause in case the Brussels-based bureaucracy ever feels boxed in by popular sentiment. The EU constitution makes the charter provisions compulsory in the manner of the  American Bill of Rights ( search). There are no cuts to the EU's 97,000 pages of accumulated laws and regulations. http://www.foxnews.com/story/0,2933,90323,00.html      The June Press - Links A review of the legal implications of the proposed EU Constitution. A review of the issues and options for Britain arising from the Convention on the Future of Europe. A critical examination of the concept of subsidiarity as implied in the draft EU Constitution. http://www.junepress.com/books.asp?RNG=1      The Emerging European Soviet Even many of the most avid “Eurolandists” admit that the proposed EU Constitution is a monstrosity, in sheer size and in terms of its attempts at usurping national powers and employing confusing verbiage. The Economist’s critique notes, “Article 9 includes a statement of the subsidiarity principle, but this is drafted in such a way as to make it subordinate to the Union’s ‘objectives.’ Since the Union’s objectives, according to this constitution, include various kinds of ‘cohesion’..., the idea of subsidiarity has no purchase. No one may be deprived of his or her possessions, except in the public interests and in the cases and under the conditions provided for by law.... http://www.stoptheftaa.org/artman/publish/article_133.shtml      Small German Town Faces Big Vote on EU Constitution Germany Deutsche Welle Although they endorse the idea of holding a referendum on the EU Constitution, they don't all agree on whether the outcome of the vote should be binding for the Bundestag or just a reading on the mood in the country without any consequences. Probably the biggest damage in such a scenario would be that a majority in parliament acted against the majority public opinion. On Friday the German parliament hears debate on holding a referendum on the EU Constitution. http://www.dw-world.de/english/0,3367,1432_A_1219388,00.html      The EU Constitution Metafilter Or, "Compare and Contrast the United States Constitution with that of the EU" From a cursory glance at the depth of the document, this detail-oriented Constitution is entirely alien to one such as myself used to the broad Madisonian brushstrokes of the United States Constitution. This suggests that any constitution is going to be taken very literally as an unchanging code of law, no matter what the protestations of its authors. Along the same lines, if you think about our Constitution as not just the words on the page but also the 200+ years of accumulated Supreme court and lower court precedent, ours is infinitely more detailed and complex than theirs. http://www.metafilter.com/mefi/27505      FrontPage magazine.com :: English History in the Bin by George Pascoe-Watson Britain’s sovereignty will be signed away with a new EU Constitution, a blueprint for a United States of Europe. The United States also has a written constitution, but at least it was penned by Americans. European Court of Justice judges would seize powers from British courts. http://www.frontpagemag.com/Articles/ReadArticle.asp?ID=7998      EUABC A dictionary on words related to the EU The Court sees the EU legal system as a supra-national constitutional system. A constitution is the basic rulebook for a state that limits the powers of all authorities, including the legislators, and gives citizens common fundamental rights. See presentation on the EU Constitution in pdf format: http://www.euabc.com/upload/pdf/overhead_en.pdf http://www.euabc.com/index.phtml?word_id=220      NOTE CONCERNING THE DRAFT EU CONSTITUTION The final Constitution text will be debated and adopted during the Intergovernmental Conference (IGC) under the Italian Period Presidency, following the last of the ongoing accession referendums in candidate countries (Letonia-20 September 2003) and will be signed on 1 May 2004, following the enlargement of the Union. The Convention, which brings together representatives of the governments and national parliaments of the Member States and of candidate countries and representatives of the European Parliament and the Commission has completed its work and presented the Draft Constitutional Treaty to the EU heads of state and government during the Thessaloniki European Council on 20-21 June. The primacy of the Union law over national law that has previously been stated in the European Court of Justice rulings will be established for the first time. http://www.ikv.org.tr/ikv-eng/evaluation/abanayasasi-ing.htm      A LESS PERFECT UNION? The Constitution of the European Union In June of this year a European convention produced a document that was the result of more than 18 months of labor, a draft Constitution for the European Union that runs to more than 200 pages. The Constitution of the United States by contrast, runs to just five pages and that's including the Bill of Rights. The Federalists wanted to draft a Constitution that would expand the powers of the European Union, nudging along the European project toward a United States of Europe or something closer to that. http://www.uncommonknowledge.org/800/812.html      Truth about EU constitution Samizdata.net The EU's proposed criminal justice powers are particularly striking because they allow for harmonisation of national laws and procedures by majority voting. The existing structure, which secures the rights of member states to make their own decisions and collective arrangements about foreign policy and criminal justice matters, will disappear. The truth is that the European Constitution founds a new union, with a single unified structure and legal personality. http://www.samizdata.net/blog/archives/003686.html      United Press International: EU constitution unveiled However, the opposition Conservative Party -- which wants a referendum on any future EU constitution -- said the draft constitution was still "unacceptable" and would "sign away crucial areas of national competence" to Brussels. Giscard d'Estaing's power-sharing proposals have gone down well with larger member states, such as Britain, France, Italy and Spain, but are fiercely opposed by smaller states, the European Commission and the European Parliament. Perhaps as important, at least to the British, was that the document does not use the term "federal" and the European Union will not be renamed "United Europe" of the "United States of Europe." http://www.upi.com/view.cfm?StoryID=20030526-104519-1738r      21st October 2000 When the Constitution confers on the Union exclusive competence in a specific area, only the Union may legislate..... to attain one of the objectives set by this Constitution, and the Constitution has not provided the necessary powers, the Council, acting unanimously on a proposal from the Commission and after obtaining the consent of the European Parliament, shall take the appropriate measures. The Member States shall exercise their competence to the extent that the Union has not exercised, or has decided to cease exercising, its competence. http://www.micklethwait.demon.co.uk/foxhills/constitu.htm      TEAM - The European Alliance of EU-critical Movements "The EU Charter does not sanctify the right to strike and in fact makes clear this could be taken away in the “need to protect the rights and freedoms of others”. Court case against funding of European political parties Defend civil liberties against the emerging EU State http://www.teameurope.info/      BBC NEWS UK Politics EU constitution battle restarts He asked the Tories to explain "why, under any circumstances, the existing treaties which given Parliament less power, the European nation states less power than the new treaty, are somehow going to be beneficial for Britain". In the Commons Mr Straw argued the constitution would put give the British Parliament more power on European issues. Mr Ancram said the constitution was "the gateway towards a country called Europe" and challenged the government to argue their case on that basis. http://news.bbc.co.uk/2/hi/uk_news/politics/3640612.stm      EUROPA: Draft Treaty establishing a Constitution for Europe The full text of the Draft was submitted to the Italian Presidency of the Council of the European Union on 18 July 2003. This Draft Constitution is currently being discussed by the representatives of the Governments of the Member States at the Intergovernmental Conference (IGC). http://europa.eu.int/futurum/constitution/index_en.htm      Phase III - EU Constitution: 'Blueprint for tyranny' We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. On the most vexed issue of all, the constitution settled on a new "double majority" system to decide EU laws. More positively, the constitution will give the EU a "president" elected by its member states to guide its work. http://news.phaseiii.org/modules.php?name=News&file=article&sid=3016      Brits reject Blair's EU constitution - (United Press International) The Telegraph points specifically to Article 1.5 which says the EU constitution "shall have primacy over the laws of the member state," a key argument also raised by The Times editorial. Most Britons neither know nor care if Croatia is even in the European Union (it is not), let alone being able to place it on a map. It is the capstone of a federal sate, and gives the EU a foreign minister, a criminal court, a European prosecutor and a police force. http://www.washtimes.com/upi-breaking/20040620-114601-9488r.htm      IHT: Split on voting rights sinks the EU constitution The weekend negotiations foundered mainly on the issue of power distribution within the Union, officials said. Leaders issued a two-sentence communiqué that noted "it was not possible" to reach agreement "at this stage." IHT: Split on voting rights sinks the EU constitution http://www.iht.com/articles/121518.html      EUROPA : The Future of the European Union - Debate The future EU Constitutional Treaty will be signed in Rome on 29/10/2004: Press release Declarations by the Heads of State and Government on the ratification of the Constitution Summary of the agreement on the Constitutional Treaty http://europa.eu.int/futurum/index_en.htm      PhysicsWeb - News - Physicists tackle EU constitution (May 2004) PhysicsWeb - News - Physicists tackle EU constitution (May 2004) The current voting system, which is based on guidelines set by the Treaty of Nice, and the new system proposed in the draft EU Constitution both lead to inequalities between the different member states. Such a system would also give more power to smaller countries while safeguarding the rights of larger states. http://physicsweb.org/article/news/8/5/14      Religioscope: European Union: God unlikely to get a name check in European Constitution Ekklesia, 17 May 2004 -- Mr Ahern was in Malta on a three-hour working visit to discuss EU issues, particularly the EU constitution, as part of a tour of new member states in preparation for the next Intergovernmental Conference in mid-June. The key objective and a priority of the Presidency in the weeks ahead was to achieve an agreement on the new constitutional treaty. On its publication last year, churches welcomed the draft EU constitution. http://www.religion.info/english/articles/article_58.shtml      EU Business - Pope makes last-ditch plea on EU constitution Any other reproduction, publication or redistribution of this material without the written agreement of the copyright owner is strictly forbidden and any breach of copyright will be considered actionable. EU Business - Pope makes last-ditch plea on EU constitution John Paul II has long lamented the fact that the draft treaty forged during a 16-month European Convention in Brussels, chaired by former French president Valery Giscard d'Estaing, makes no mention of Christianity. http://www.eubusiness.com/afp/031211173806.us46wngp      USATODAY.com - Chirac: Vote will decide EU constitution Before it takes effect, all 25 EU countries must ratify the document, either by parliamentary vote or referendum. USATODAY.com - Chirac: Vote will decide EU constitution PARIS (AP) — President Jacques Chirac said Wednesday that voters, not parliament, will decide whether to ratify the European Union constitution in a ballot late next year. http://www.usatoday.com/news/world/2004-07-14-france-chirac_x.htm      European Referendum Campaign           Our Info-Section with background information plus an overview of legal provisions governing referendums in the memeber-states of the EU. 47, former 46-4 of the draft of the EU constitution). 97 members of the Convention for the Future of Europe have demanded a referendum on the EU - Constitution. http://www.european-referendum.org/      Tussle over God threatens to delay EU constitution The draft text speaks of the EU administering "certain common competences on a federal basis". The former French president, who is chairing a convention on the future of Europe, also defended the use of the word "federal" in a draft text despite the opposition of the British government, which says the term has integrationist overtones. Members of the convention have tabled 1087 amendments to drafts of the first 16 articles – many demanding a reference to God or religion. http://www.obv.org.uk/europe/eu20030228a.html      Europhilia.org - EU community site - Debate about the European Union - Surveys Did the Convention do a good job of drafting a new EU constitution? Europhilia.org - EU community site - Debate about the European Union - Surveys Made and maintained by Ulrik Almlund of Almlund Research. http://europhilia.org/modules.php?name=Surveys      Guardian Unlimited Special reports French left torn in two in row over EU constitution One leading Socialist, François Rebsalem, went as far as to say that if the Socialists did vote no to the constitution, "it will be the end of the party. The turmoil started after the party's number two, the former prime minister Laurent Fabius, said he would vote against the European constitution, because it enshrined a liberal, free-market vision of economic and social policy that would undermine French efforts to boost employment and stop firms moving to low-wage, low-tax countries. He said the party's line on the constitution, agreed last year, was that the treaty was not perfect but was also not worth "tearing ourselves to pieces for". http://www.guardian.co.uk/france/story/0,11882,1306482,00.html      France mulls early EU constitution vote - (United Press International) France mulls early EU constitution vote - (United Press International) Paris, France, Oct. 18 (UPI) -- Advisers to French President Jacques Chirac are urging him to advance the date of the nation's referendum on the European constitution. Fears that French citizens' growing anger over Turkey's bid to join the European Union may turn voters against the EU's constitution have prompted the calls for an early vote on the document, the Telegraph of London reported Monday. http://www.washtimes.com/upi-breaking/20041018-035736-8783r.htm      Educational Tools & Resources Please enable Javascript in your browser and reload this page. Cuba Expels Spanish, Dutch Legislators in EU Spat http://unix.dfn.org/links_educational.shtml      EurActiv.com - EU Policy News and LinksDossiers Erdogan: 17 December will be a test for the EU     Eight new plans in total have been approved amid criticisms that many countries, including France, are over-allocating. The ratification of the Kyoto protocol by the Russian lower assembly means the greenhouse gas reduction pact can enter into force in three months. http://www.euractiv.com/      Suber, SPARC Open Access Newsletter, 7/2/04 While the EU may not have the power to change the structure of journal publishing in the member countries, the reports from the UK and EU inquiries may stimulate policy changes in the way research is funded in the US, which comprises more than 50% of the STM journal market. The bad news is that the EU already seems to accept that libraries face a pricing crisis, that academics face an access crisis, and that OA is part of the solution. Increasing the number of articles published is a venerable justification for journal price increases. http://www.earlham.edu/~peters/fos/newsletter/07-02-04.htm

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