The Elements of a Constitutional Settlement for the European Union

2001 ◽  
Vol 4 ◽  
pp. 1-13
Author(s):  
Alan Dashwood
Keyword(s):  
European Union ◽  
Legal Status ◽  
Fundamental Rights ◽  
European Council ◽  
The European Union ◽  
Long Run ◽  
The Future ◽  
Charter Of Fundamental Rights

A debate is under way about the future of the European Union. It was started by the Declaration adopted by the European Council of Nice in December 2000, was given more substance by the Declaration of Laeken in December 2001, and received a formal focus in the Convention which has been brought together in Brussels under the chairmanship of former President Giscard d’Estaing. The Nice Declaration referred to, among other things, ‘the simplification of the Treaties with a view to making them clearer and better understood without changing their meaning’, but the Laeken Declaration goes considerably further. There is a section in the Declaration entitled, ‘Towards a constitution for European citizens’, which contemplates possible changes to the structure not only of the Treaties but of the Union itself, including perhaps the abolition of the division into three so-called ‘pillars’, and the distinction between the European Union and the European Communities. The Declaration also raises the matter of the legal status of the Charter of Fundamental Rights which was proclaimed in Nice, and speculates as to the possible adoption ‘in the long run’ of what it calls a ‘constitutional text’. A reordering of the primary instruments of the Union is, therefore, very much on the agenda of the Convention, and the idea has heavyweight political supporters.

The Elements of a Constitutional Settlement for the European Union

2001 ◽  
Vol 4 ◽  
pp. 1-13 ◽  
Author(s):  
Alan Dashwood
Keyword(s):  
European Union ◽  
Legal Status ◽  
Fundamental Rights ◽  
European Council ◽  
The European Union ◽  
Long Run ◽  
The Future ◽  
Charter Of Fundamental Rights

A debate is under way about the future of the European Union. It was started by the Declaration adopted by the European Council of Nice in December 2000, was given more substance by the Declaration of Laeken in December 2001, and received a formal focus in the Convention which has been brought together in Brussels under the chairmanship of former President Giscard d’Estaing. The Nice Declaration referred to, among other things, ‘the simplification of the Treaties with a view to making them clearer and better understood without changing their meaning’, but the Laeken Declaration goes considerably further. There is a section in the Declaration entitled, ‘Towards a constitution for European citizens’, which contemplates possible changes to the structure not only of the Treaties but of the Union itself, including perhaps the abolition of the division into three so-called ‘pillars’, and the distinction between the European Union and the European Communities. The Declaration also raises the matter of the legal status of the Charter of Fundamental Rights which was proclaimed in Nice, and speculates as to the possible adoption ‘in the long run’ of what it calls a ‘constitutional text’. A reordering of the primary instruments of the Union is, therefore, very much on the agenda of the Convention, and the idea has heavyweight political supporters.

Towards the Definitive Status of the Charter of Fundamental Rights of the European Union: Political Document or Legally Binding Text?

2003 ◽  
Vol 4 (4) ◽  
pp. 395-409 ◽  
Author(s):  
Michiel Brand
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
The Future ◽  
Charter Of Fundamental Rights ◽  
As If

At the Nice summit in December 2000, we witnessed the solemn proclamation of the Charter of Fundamental Rights of the European Union, which can be seen as the remarkable product of a revolutionary process. The Convention that drafted the Charter had adopted the approach ‘as if’ it were to be incorporated into the European Treaties. However, the question as to the final status of the Charter had not yet been decided when it was proclaimed. Instead, the issue was placed on the post-Nice and post-Laeken agenda and is currently being discussed in the Convention on the future of Europe.

Legal status of personality and the institute of citizenship of the european union

2016 ◽  
Vol 5 (2) ◽  
pp. 110-119
Author(s):  
Макуев ◽  
Ruman Makuyev
Keyword(s):  
European Union ◽  
Legal Status ◽  
Fundamental Rights ◽  
The European Union ◽  
Charter Of Fundamental Rights

Problematic aspects of the legal status of the personality and its most important element - the institution of citizenship are considered. The standards of the Treaties are widely used: Treaty on the European Union, Treaty on the functioning of the European Union and the Charter of Fundamental Rights of the European Union.

scholarly journals Farewell to the EU Charter: Brexit and Fundamental Rights Protection

2021 ◽  
Vol 4 (1) ◽  
pp. 36-52
Author(s):  
Marco Galimberti
Keyword(s):  
European Union ◽  
Legal Status ◽  
Case Law ◽  
Fundamental Rights ◽  
Bill Of Rights ◽  
The European Union ◽  
Rights Protection ◽  
Charter Of Fundamental Rights ◽  
The Uk ◽  
The Eu

Twenty years after its drafting and more than one decade after its entry into force, the Charter of Fundamental Rights of the European Union has ceased to be part of British law as a consequence of Brexit. Looking into this issue raised by the UK withdrawal from the European Union, the essay sheds some light on the legal status and impact of the EU Bill of Rights in the British legal order. Against this background, the article detects a connection between the UK Supreme Court’s case law and the jurisprudence of the Court of Justice of the European Union on the direct effect of the Charter. From this perspective, the analysis highlights the implications of the UK departure from the Charter and disentanglement from the Luxembourg case law, thus arguing that they may weaken the standards of fundamental rights protection.

Instrument of Mobilization or a Bridge towards Understanding? Religion and Values in the Reform Process of the European Union

2009 ◽  
Vol 2 (3) ◽  
pp. 257-284 ◽  
Author(s):  
Christof Mandry
Keyword(s):  
European Union ◽  
Political Identity ◽  
Fundamental Question ◽  
Fundamental Rights ◽  
The Self ◽  
Reform Process ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
The Relationship ◽  
The Eu

AbstractThe self-understanding of the Europeans has been profoundly put into question since 1989, and during the EU reform process, 'Europe' was confronted by the task of describing itself anew. In this context, the debate about the significance of the religious patrimony took on a key position in the discourse. The broad public discussions of the preambles to the European Charter of Fundamental Rights and the Treaty establishing a Constitution for the European Union (ECT) indicate that the relationship between religion and political remains a controversial issue. The article argues that the 'preamble disputes' are part and parcel of the European Union's quest for a political identity and that the outcome of the identity debate—the self-description as a 'community of values'—deals in a specific way with this fundamental question.

Sign in / Sign up

Export Citation Format

Share Document