✦ LIBER ✦

The constitutional future of the European Union

✍ Scribed by Roland Vaubel

Publisher: Springer US
Year: 1996
Tongue: English
Weight: 481 KB
Volume: 7
Category: Article
ISSN: 1043-4062
DOI: 10.1007/bf00119272

No coin nor oath required. For personal study only.

✦ Synopsis

The formal distinction between a treaty and a constitution is much less important than the question of who is authorized to interpret and amend it. The judges of the European Court of Justice interpret the Treaty by simple majority, while unanimity of the member-states would be required to reverse these decisions. The European Union needs a Court whose judges are empanelled from, and selected by, the highest courts of the member-states. The Treaty on European Union violates three fundamental constitutional principles: (i) the principle of the separation of powers, (ii) the democratic principle, and (iii) the principle of subsidiarity.

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