Re Treaty on European Union, 1992 (Maastricht I)

In: International law reports, Band 93, S. 337-352

Abstract

337 Relationship of international law and municipal law — Conduct of foreign relations — Treaty-making power — France — French Constitution — Article 54 — Constitutional review of exercise of treaty-making power — Treaty on European Union, 1992 ("Maastricht Treaty") — Compatibility with French ConstitutionTreaties — Conclusion and operation — Constitutional limitations — Accession of France to Treaty on European Union, 1992 — Extension of powers of European Community — Compatibility with French Constitution — Whether special constitutional amendments required prior to ratification — Obligation for Member States to allow nationals of one Member State resident in another Member State to participate in municipal elections — Obligations for Member States inherent in operation of common monetary and exchange rate policy — Obligations for Member States inherent in operation of common visa policy for nationals of third States crossing the Community's external borders — Whether compliance with these obligations constituting limitation of national sovereignty — Scope of permissible transfer of sovereignty to European Community institutions under French ConstitutionInternational organizations — European Community — Institutions — European Parliament — Legal nature — Whether forming part of institutional orders of Member States — Whether participating in exercise of national sovereignty — Extension of right to vote in elections for European Parliament to nationals of a Member State resident in another Member State — Whether subject to national constitutional reviewHuman rights — Procedure for enforcement — European Community — Scope of protection of human rights within the Community — Treaty on European Union, Article F(2) — European Convention on Human Rights, 1950 — Significance for the European Community — Importance of case law of the Court of Justice of the European Communities in securing respect for fundamental rights — General principles of Community law — Constitutional traditions common to Member StatesHuman rights — Procedure for enforcement — Rights under French Constitution — Rights under Treaty on European Union, Article F(2) — Complementary roles of Court of Justice of European Communities and national courts in securing respect for fundamental rights — Whether adequately guaranteeing rights and freedoms of citizens under French Constitution338 Aliens — Acquisition of citizenship — European Community — Establishment of citizenship of European Union — Effect on nationals of one Member State resident in another Member State — Entitlement of such persons to vote in municipal elections — Entitlement of such persons to vote in elections to European ParliamentAliens — Right of entry — European Community — Extension of powers under Treaty on European Union — Provisions for operation of common visa policy for nationals of third States crossing the Community's external bordersEconomics, trade and finance — European Community — Economic and monetary union — Treaty on European Union, 1992 — Provisions for operation of common monetary and exchange rate policy — The law of France