The Europeanisation of National Constitutions in the Constitutionalisation of Europe: Some Observations against the Background of the Constitutional Experience of the EU-15
In the process of European integration, national constitutional law remains crucial, in several respects. The EU Constitution, in its broadest sense, builds on the common constitutional traditions and principles of the Member States, and EU law refers back to national constitutional law in many ways...
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University of Zagreb, Faculty of Law
2007-12-01
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doaj-c72dbe8d80ba4a0d90eb3ccdc5fc40792020-11-25T03:46:34ZengUniversity of Zagreb, Faculty of LawCroatian Yearbook of European Law and Policy1845-56621848-99582007-12-01313810.3935/cyelp.03.2007.27The Europeanisation of National Constitutions in the Constitutionalisation of Europe: Some Observations against the Background of the Constitutional Experience of the EU-15Monica Claes0Tilburg UniversityIn the process of European integration, national constitutional law remains crucial, in several respects. The EU Constitution, in its broadest sense, builds on the common constitutional traditions and principles of the Member States, and EU law refers back to national constitutional law in many ways. National constitutional law contributes to constitutionalising the EU, to give it legitimacy, and to ensure that the EU and the Member States as its agents continue to comply with fundamental constitutional requirements, such as the rule of law, democracy and accountability, and the protection of fundamental rights. Also, from the national perspective, national constitutional law remains essential, since it provides the foundation of membership of the EU, it is decisive for the procedures to be followed when powers are transferred at times of accession and Treaty amendment, and it serves to provide the connection between the national and the EU legal orders. Participation in the EU requires adaptation of the national constitutional arrangements, and national constitutions should not be neglected in the process of the constitutionalisation of Europe. This paper looks into the national constitutional experience of the EU-15 with the EU and asks whether lessons can be learned for candidate countries.https://www.cyelp.com/index.php/cyelp/article/view/27constitutional laweu member stateseu-15candidate countrieseu constitution |
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DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Monica Claes |
spellingShingle |
Monica Claes The Europeanisation of National Constitutions in the Constitutionalisation of Europe: Some Observations against the Background of the Constitutional Experience of the EU-15 Croatian Yearbook of European Law and Policy constitutional law eu member states eu-15 candidate countries eu constitution |
author_facet |
Monica Claes |
author_sort |
Monica Claes |
title |
The Europeanisation of National Constitutions in the Constitutionalisation of Europe: Some Observations against the Background of the Constitutional Experience of the EU-15 |
title_short |
The Europeanisation of National Constitutions in the Constitutionalisation of Europe: Some Observations against the Background of the Constitutional Experience of the EU-15 |
title_full |
The Europeanisation of National Constitutions in the Constitutionalisation of Europe: Some Observations against the Background of the Constitutional Experience of the EU-15 |
title_fullStr |
The Europeanisation of National Constitutions in the Constitutionalisation of Europe: Some Observations against the Background of the Constitutional Experience of the EU-15 |
title_full_unstemmed |
The Europeanisation of National Constitutions in the Constitutionalisation of Europe: Some Observations against the Background of the Constitutional Experience of the EU-15 |
title_sort |
europeanisation of national constitutions in the constitutionalisation of europe: some observations against the background of the constitutional experience of the eu-15 |
publisher |
University of Zagreb, Faculty of Law |
series |
Croatian Yearbook of European Law and Policy |
issn |
1845-5662 1848-9958 |
publishDate |
2007-12-01 |
description |
In the process of European integration, national constitutional law remains crucial, in several respects. The EU Constitution, in its broadest sense, builds on the common constitutional traditions and principles of the Member States, and EU law refers back to national constitutional law in many ways. National constitutional law contributes to constitutionalising the EU, to give it legitimacy, and to ensure that the EU and the Member States as its agents continue to comply with fundamental constitutional requirements, such as the rule of law, democracy and accountability, and the protection of fundamental rights. Also, from the national perspective, national constitutional law remains essential, since it provides the foundation of membership of the EU, it is decisive for the procedures to be followed when powers are transferred at times of accession and Treaty amendment, and it serves to provide the connection between the national and the EU legal orders. Participation in the EU requires adaptation of the national constitutional arrangements, and national constitutions should not be neglected in the process of the constitutionalisation of Europe. This paper looks into the national constitutional experience of the EU-15 with the EU and asks whether lessons can be learned for candidate countries. |
topic |
constitutional law eu member states eu-15 candidate countries eu constitution |
url |
https://www.cyelp.com/index.php/cyelp/article/view/27 |
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