e-book Beurteilung des europäischen Verfassungsvertrags (German Edition)

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Pivotal point is the Treaty establishing a Constitution for Europe signed in Rome in October , though not ratified in all member States. In chapter 1 of the book the author first examines the question whether the principle of subsidiarity had already been implicitly embodied in earlier European legislation.

The author then comments on the principle of subsidiarity as laid down in Article 5, paragraph 2, of the EC Treaty. Chapter 2 centres on the discussion on a better implementation of this principle during the negotiations on the Rome Treaty of Alternative drafts of a constitution for Europe are also discussed. Chapter 3 deals with the provisions of the Treaty of concerning subsidiarity, especially Article I, paragraph 3, thereof and the Protocol on the application of the principles of subsidiarity and proportionality. According to the author, the Treaty aims less at a new definition of subsidiarity as a principle of law, but focuses rather on a concept of procedural protection.

Moreover, the principle of subsidiarity is effectively guaranteed only if it is strictly interpreted as a principle of law, leaving aside the manifold sources of subsidiarity in the history of ideas. Javascript Deaktiviert! Mehr erfahren. DE EN. Advanced Search. Books Law. Public Law. Civil Law and Criminal Law. Economics and Social Sciences.

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Conference paper. This process is experimental and the keywords may be updated as the learning algorithm improves. This is a preview of subscription content, log in to check access. Google Scholar. Mayer , Competences — Reloaded? On the quantity of delegated legislation, see von Bogdandy et al. The latter only provides a rather rough distinction based on the exclusivity or non-exclusivity of competences and does not as such consider the extent of integration achieved, nor is it fully consistent with the legal bases in Part III.

Craig, supra note 4, at —; von Bogdandy and Bast, supra note 11, at EP and Council , E. See also True, supra note 12, at This is to include both individuals and collectives as sources for legitimacy. See also Petersen , in this volume. More direct legitimation could be provided by the citizens themselves in referenda, but, as shown above, such direct legitimation is not provided for in the CT.

See, e. On the limits, see Dann, supra note 4, at 35—39; Dann, supra note 22, at and BVerfGE 89, See Kaufmann, supra note 29, at and For comments, see, e. On this approach, see Schmitz, supra note 31, at ; Schmitz, supra note 25, at ; Ress, supra note 28, at Based on the concept of a plurality of overlapping regional, state, supra-state peoples, Schmitz, supra note 25, at