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Constitutionalising Europe: Processes And Practices (Federalism Studies)

George Hayes

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The process of European integration has been marked by the constitutionalisation of the European Union (EU). This process has involved the development of a body of law that sets out the rules and principles governing the functioning of the EU. The EU's constitutional framework has been developed through a series of treaties and legal instruments, and it has been interpreted and applied by the European Court of Justice (ECJ).

The constitutionalisation of Europe has been a complex and contested process. It has been driven by a variety of factors, including the need to create a stable and effective legal framework for the EU, the desire to promote democracy and human rights, and the goal of achieving a more integrated and unified Europe.

The process of constitutionalisation has had a profound impact on the EU. It has created a new legal order that is distinct from that of the member states. It has also led to the development of a new set of institutions and procedures for governing the EU.

Constitutionalising Europe: Processes and Practices (Federalism Studies)

by Michael Longo

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The constitutionalisation of Europe is an ongoing process. It is likely to continue to evolve in the years to come, as the EU faces new challenges and opportunities.

Processes of European Constitutionalisation

The process of European constitutionalisation has been underway for several decades. It began with the signing of the Treaty of Rome in 1957, which established the European Economic Community (EEC). The EEC was a limited supranational organisation, but it gradually evolved into a more integrated and centralised entity.

The process of European integration was accelerated by the signing of the Single European Act in 1986. This act created a single market for goods, services, capital, and labour. It also strengthened the European Parliament and gave the EU more powers in areas such as environmental protection and consumer protection.

The Maastricht Treaty, signed in 1992, was a major turning point in the process of European integration. It established the European Union and created a single currency, the euro. The Maastricht Treaty also introduced a new legal framework for the EU, based on the principles of subsidiarity and proportionality.

The process of European constitutionalisation has continued with the signing of the Amsterdam Treaty in 1997, the Nice Treaty in 2001, and the Lisbon Treaty in 2007. These treaties have further strengthened the EU's institutions and powers, and they have also expanded the EU's competence in new areas such as justice and home affairs and foreign and security policy.

Practices of European Constitutionalisation

The process of European constitutionalisation has been accompanied by a number of practices that have helped to shape the EU's constitutional framework. These practices include:

The use of treaties: The EU's constitutional framework is based on a series of treaties that have been negotiated and ratified by the member states. These treaties set out the rules and principles governing the fonctionnement of the EU.
The development of case law: The ECJ has played a major role in the development of the EU's constitutional framework. Through its rulings, the ECJ has interpreted and applied the EU's treaties and legal instruments.
The use of intergovernmental conferences: Intergovernmental conferences (IGCs) are meetings of the heads of state or government of the EU member states. IGCs are used to negotiate and adopt new treaties that amend the EU's constitutional framework.
The use of constitutional conventions: Constitutional conventions are gatherings of experts and representatives from the EU institutions and member states. Constitutional conventions are used to discuss and make recommendations on the future of the EU's constitutional framework.

Federalism Studies

The process of European constitutionalisation has been the subject of much study by scholars in the field of federalism. Federalism is a system of government in which power is shared between a central government and a number of regional or state governments. The EU is a unique example of a federal system, as it is a supranational organisation that shares power with its member states.

Scholars in the field of federalism studies have been studying the EU for several decades. They have sought to understand the processes and practices of European constitutionalisation, and they have analysed the implications of European integration for the future of federalism.

Federalism studies have made a significant contribution to our understanding of the EU. They have helped to explain how the EU works, and they have provided insights into the challenges and opportunities facing the EU in the future.

The process of European constitutionalisation is an ongoing and complex one. It is a process that is shaped by a variety of factors, including the need to create a stable and effective legal framework for the EU, the desire to promote democracy and human rights, and the goal of achieving a more integrated and unified Europe.

The process of European constitutionalisation has had a profound impact on the EU. It has created a new legal order that is distinct from that of the member states. It has also led to the development of a new set of institutions and procedures for governing the EU.

The constitutionalisation of Europe is likely to continue to evolve in the years to come, as the EU faces new challenges and opportunities. Federalism studies will continue to play a vital role in our understanding of the EU and its future development.

Benz, Arthur, and Carole Lecucq, eds. Constitutionalising the European Union: From the Treaty of Rome to the Lisbon Reform. Oxford: Oxford University Press, 2012.
Goetz, Klaus H., and Gary Marks. European Integration and Supranational Governance. Oxford: Oxford University Press, 2014.
Hix, Simon. The Political System of the European Union. Basingstoke: Palgrave Macmillan, 2012.
Kelemen, R. Daniel. European Union Constitutionalism: Debating the Fundamentals. Cambridge: Cambridge University Press, 2014.
Majone, Giandomenico. Regulating Europe. London: Routledge, 2014.