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The Fundamentals of EU Law Revisited

Assessing the Impact of the Constitutional Debate

Edited by Catherine Barnard

Oxford University Press, 2007


The Fundamentals of EU Law RevisitedWith the rejection of the Constitutional Treaty in French and Dutch referenda, the European Union received a severe blow. This precipitated a period of reflection and soul searching. How far should the fundamental principles that shape the Union be re-assessed in the light of the Constitutional debate? Can the Constitutional Treaty be rescued from failure? If not, what other options for constitutional reform are available? Does the Treaty's rejection signal the failure of the Union's goal of democratic governance?

The essays in this volume examine the impact of the debate surrounding the future of the European Constitution on the development of core areas of EU law and policy. Opening with a discussion of the shifting conceptions of European democracy, the volume proceeds to look at key areas of substantive law against the backdrop of the Constitutional Treaty, from Foreign Relations to Fundamental Rights, Social Policy to Justice and Home Affairs. The book concludes with an examination of potential solutions to the constitutional crisis, and models for future constitutional reform.


Table of Contents


1. Catherine Barnard, Introduction

2. Paul Magnette, European Democracy Between Two Ages

3. Sacha Prechal, Direct effect, indirect effect, supremacy and the evolving constitution of the European Union

4. Andrew Williams, Respecting Fundamental Rights in the New Union: A Review

5. Catherine Barnard, Social Policy Revisited in the Light of the Constitutional Debate

6. Dora Kostakopoulou, The Area of Freedom, Security and Justice and the European Union's Constitutional Dialogue

7. Enzo Cannizzaro, Unity and Pluralism in the EU's Foreign Relations Power

8. Angus Johnston, 'Euro-visions'? Some Thoughts on Prospects and Mechanisms for Future Constitutional Change in the European Union



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