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Michael Dougan, Samantha Currie's 50 Years of the European Treaties: Looking Back and Thinking PDF

By Michael Dougan, Samantha Currie

ISBN-10: 1841138320

ISBN-13: 9781841138329

The essays which look during this paintings are in line with papers awarded at a two-day convention held in Liverpool in July 2007 to have a good time the fiftieth anniversary of the signing of the Treaty of Rome, which verified the eu monetary group. the gathering displays significantly upon the various EU's middle features and speculates imaginatively at the varied demanding situations that might face the ecu sooner or later. by way of exploring the urgent modern difficulties in Europe and by way of throwing mild at the massive questions with a purpose to outline the EU's id within the medium time period, the essays additionally draw out hyperlinks with, and threats to, the ancient achievements of ecu integration. those essays might be crucial examining for any student or practitioner attracted to the character of the constitutional dating among the Union and its Member States, and the tensions among fiscal and social coverage ambitions.

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However, even if events may appear to have overtaken some of Constantinesco’s optimism about the survival of the Constitutional Treaty through its substantial reincarnation as the Treaty of Lisbon, the underlying spirit of his contribution remains very pertinent: can we really claim that Lisbon provided answers to the burning questions about how to place the relationship between the Union and its peoples on a more secure footing of legitimacy? Did Lisbon merely postpone for another day the task of establishing a clear link between the enormous policy challenges the Union must tackle, and popular acceptance of the institutional and constitutional framework required to discharge those responsibilities effectively?

I. INTRODUCTION T HE MOVING WORDS of the final recital of the preamble to the Treaty establishing the European Coal and Steel Community (hereinafter, ‘ECSC Treaty’ or ‘ECSC’) encapsulate the project that was launched in the 1950s to provide a solution to the ‘age-old rivalries’ that had made Europe the cock-pit of the world, arguably since the seventeenth century, but most catastrophically in the twentieth. The aim, eloquently proclaimed by the Schuman Declaration of May 1950,1 was to bind together the nations of Europe politically and economically in such a way as to make it inconceivable that they would ever fight each other again.

He argues that a useful macro-model for understanding the Union as a system of governance—especially its stability, but also its sub-optimality— lies in ‘fusion theory’, ie the merging of resources by Member State and EU-based actors into joint institutions and complex procedures. That theory stresses the importance to the Union’s constitutional structure of the consent of national political elites, based on the Union’s ability to deliver on domestic policy goals; such consent cannot be taken for granted and is as capable of producing a more differentiated and loosely bound Union as a more integrated and cohesive one.

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50 Years of the European Treaties: Looking Back and Thinking Forward (Essays in European Law) by Michael Dougan, Samantha Currie

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