By Mads Andenas, John Usher
Designed to be successful earlier books at the Maastricht and Amsterdam treaties, this new paintings contains contributions from best european attorneys assessing the good Treaty and the Post-Nice method, that is quickly constructing within the lead-up to the subsequent Intergovernmental convention. The book's relevant subject matter is the dialogue of a ecu structure and ecu Constitutionalism. the hot constitutional stability after institutional reform, the Luxembourg courts after great, the way forward for the 3 pillar Treaty constitution and the Human Rights constitution are the opposite major subject matters. one of the participants are the editors, Professor Stephen Weatherill (Oxford), Professor Noreen Burrows (Glasgow), Professor J?rgen Schwarze (Freiburg), Professor Paul Craig (Oxford), Professor Jo Shaw (Manchester) Steve friends (Essex) Professor Piet Eeckhout (King's collage, London) and Professor Alan Dashwood (Cambridge).
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Extra info for The Treaty of Nice and Beyond
The language of Article 55 ECHR is similar to that of Article 292 EC, except that Article 55 permits parties to opt for other fora by ‘special agreement’; and Sixth, it is sometimes suggested that a special procedure should be laid down whereby the acts of the Union would be brought before the ECtHR. One possibility would be for the Court of Justice to be empowered to refer a case to the ECtHR, but this could be expected to result in considerable delay. The most appropriate option might simply be to allow the existing procedures to be applied so that actions could be brought against the Union before the ECtHR, once remedies within the Union are exhausted.
Moreover, the preamble to legislative proposals which ‘have a specific link with fundamental rights’ would contain a special recital as a formal statement of compatibility with the Charter. A number of legislative Acts adopted since then contain such a recital,129 so that the two branches of the legislature—the European Parliament and the Council—may thus be said to have given their blessing to the Commission’s approach. 130 The CFI’s initial venture into this field occurred in MannesmannröhrenWerke v Commission,131 where it dismissed an argument based on the Charter.
167 In that case, the applicant claimed that it should be regarded as a ‘Member State’ so that its action for annulment brought pursuant to Article 33 ECSC (the equivalent of Article 230 EC) could be heard by that Court rather than the CFI. The Court rejected this argument in the most forthright terms, which deserve to be quoted in full: … it is apparent from the general scheme of the Treaties that the term ‘Member State’, for the purposes of the institutional provisions and, in particular, those relating to proceedings before the courts, refers only to government authorities of the Member States of the European Communities and cannot include the governments of regions and autonomous communities, irrespective of the powers they may have.
The Treaty of Nice and Beyond by Mads Andenas, John Usher