Table of contents

  1. Front Matter
    Pages I-XVIII
  2. Jan Wouters, Dominic Coppens, Bart De Meester
    Pages 143-203
  3. Ingolf Pernice
    Pages 235-256
  4. Jean-Victor Louis
    Pages 285-298
  5. Antonio Sáinz de Vicuña
    Pages 299-308
  6. Back Matter
    Pages 359-383

About this book

Introduction

Immediately after the rejection of the Constitutional Treaty in France and in the Netherlands, I was tempted not to comply with a contract according to which I was expected to write on the Eu- pean Constitution within a very close deadline. “What is the sense of it now?” I tried to argue. “I cannot be obliged by a contract wi- out an object”. I was wrong at that time and we would be equally wrong now, should we read the Irish vote on the Lisbon Treaty and the Lisbon Treaty itself as the dead end for European constitutionalism. Let us never forget that the text rejected in May 2005 was not the founding act of such constitutionalism. To the contrary, it was nothing more than a remarkable passage in a long history of constitutional dev- opments that have been occurring since the early years of the Eu- pean Community. All of us know that the Court of Justice spoke of a European constitutional order already in 1964, when the primacy of Community law was asserted in the areas conferred from the States to the European jurisdiction. We also know that in the pre- ous year the Court had read in the Treaty the justiciable right of any European citizen to challenge her own national State for omitted or distorted compliance with European rules.

Keywords

European Parliament European Union decision-making process legal framework ratification referendum

Editors and affiliations

  • Stefan Griller
    • 1
  • Jacques Ziller
    • 2
  1. 1.Research Institute for European AffairsVienna University of Economics and Business AdministrationAustria
  2. 2.Dipartimento “Libero Lenti”Sezione di Studi Politico Giuridici Università di PaviaItaly

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-211-09429-7
  • Copyright Information Springer Vienna 2008
  • Publisher Name Springer, Vienna
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-3-211-09428-0
  • Online ISBN 978-3-211-09429-7
  • Series Print ISSN 1610-384X
  • About this book