19 research outputs found

    Papers prepared for the Colloquium "Working for Europe: Perspectives on the EU 50 Years after the Treaties of Rome"

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    The Chamber of Representatives of the Belgian Parliament asked the permanent professors of the College of Europe to write brief papers for a conference organized in honour of the 50th anniversary of the Treaty of Rome. The objective of these papers was to highlight the main challenges facing the European Union in four different issue areas (Lisbon Strategy, enlargement, Neighbourhood Policy and institutional reform) and to generate a debate among Belgian academics, politicians and members of civil society. The papers produced used to promote this discussion are reprinted here

    Talking with the “pouvoir constituant” in times of constitutional reform: The European Court of Justice on Private Applicants’ Access to Justice. Research Paper in Law 3/2003

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    [From the Introduction]. European lawyers, at least those dealing predominantly with institutional matters, are living particularly interesting times since the setting-up of the “European Convention on the Future of Europe” in December 2001.1 As the Convention’s mandate, spelled out in rather broad terms in the European Council’s declaration of Laeken,2 is potentially unlimited, and as the future constitution of the European Union (EU) will be ultimately adopted by the subsequent Intergovernmental Conference (IGC), there appears to be a great possibility to clarify, to simplify and also to reform many of the more controversial elements in the European legal construction. The present debate on the future of the European constitution also highlights the relationship between the pouvoir constituant3 and the European Courts, the Court of Justice (ECJ) and its Court of First Instance (CFI), who have to interpret the basic rules and principles of the EU.4 In that light, the present article will focus on a classic theme of the Court’s case law: the relationship between judges and pouvoir constituant. In the EU, this relationship has traditionally been marked by the ECJ’s role as driving force in the “constitutionalisation” of the EC Treaties – which has, to a large extent, been accepted and even codified by the Member States in subsequent treaty revisions. However, since 1994, the ECJ appears to be more reluctant to act as a “law-maker.”5 The recent judgment in Unión de Pequeños Agricultores (UPA)6 – an important decision by which the ECJ refused to liberalize individuals’ access to the Community Courts – is also interesting in this context. UPA may be seen as another proof of judicial restraint - or even as indicator of the beginning of a new phase in the “constitutional dialogue” between the ECJ and the “Masters of the Treaties.

    The ENP in the light of the new “neighbourhood clause” (Article 8 TEU). Research Papers in Law, 2/2011

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    This short contribution outlines the renewed constitutional framework in which the “European Neighbourhood Policy” (ENP) is to be integrated and further developed (1.) and briefly discusses its possible implications for the finalité of the neighbourhood relationship in general and of the ENP more specifically (2.). This constitutional perspective reveals three – already well-known – conceptual problems of the ENP (3.)

    Papers prepared for the Colloquium "Working for Europe: Perspectives on the EU 50 Years after the Treaties of Rome." Chambre belge des representants Belgische Kamer van Volksvertegenwoordigers 9 March 2007. Bruges Political Research Paper No. 4, June 2007

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    The Chamber of Representatives of the Belgian Parliament asked the permanent professors of the College of Europe to write brief papers for a conference organized in honour of the 50th anniversary of the Treaty of Rome. The objective of these papers was to highlight the main challenges facing the European Union in four different issue areas (Lisbon Strategy, enlargement, Neighbourhood Policy and institutional reform) and to generate a debate among Belgian academics, politicians and members of civil society. The papers produced used to promote this discussion are reprinted here. A transcript of the proceedings (including interventions by participants) can be found on the Belgian Chamber of Representative’s website,http://www.lachambre.be/kvvcr/pdf_sections/comm/committee/col029-PR.pdf

    A. Duff, dir., The Treaty of Amsterdam. Text and Commentary, 1997

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    Hanf Dominik. A. Duff, dir., The Treaty of Amsterdam. Text and Commentary, 1997. In: Revue Québécoise de droit international, volume 12-2, 1999. La pratique contemporaine du droit international privé n'est plus une exception : enjeux et stratégies. Actes, sous la direction de Jacques Papy . pp. 213-214
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