Suchergebnisse

Relationship of international law and municipal law — Conduct of foreign relations — Treaty-making power — Spain — Spanish Constitution, Article 95 — Constitutional review of exercise of treaty-making power — Treaty on European Union, 1992 ("Maastricht Treaty") — Compatibility with Spanish ConstitutionTreaties — Conclusion and operation — Constitutional limitations — Accession of Spain to Treaty on European Union, 1992 — Extension of powers of European Community — Compatibility with Spanish Constitution — Whether special constitutional amendment required prior to ratification — Establishment of right to stand as a candidate in municipal elections for persons 252resident in one Member State who are nationals of another Member State — Whether violating Article 13(2) of Constitution — Whether constituting an infringement of national sovereignty — Scope of permissible transfer of sovereignty to Community institutions — Article 93 of Constitution — Distinction between transfer of powers to institutions and extension of personal rightsAliens — 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 and stand as candidates in municipal elections — The law of Spain

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

180Relationship 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 Constitution following enactment of Constitutional Amendment Law of 25 June 1992 — Negative vote on Treaty in popular referendum in Denmark — Whether affecting ratification procedure in other signatory States — Whether Constitutional Council should obtain opinion of experts or Community institutions concerning legal positionTreaties — Conclusion and operation — Constitutional limitations — Accession of France to Treaty on European Union, 1992 — Extension of powers of European Community — Compatibility with French Constitution — Extent of special constitutional amendments required prior to ratificationTreaties — Ratification — Multilateral treaties — Failure of one signatory State to ratify Treaty — Whether affecting ratification procedure in other signatory States — Whether a matter for constitutional law or public international law — The law of France

The studies collected in this work are the updated and revised versions of the reports and commentaries presented at an international conference on European Law held in September 1995. The aim of the conference was to stimulate informed reflection and debate on a number of fundamental issues relating to the impending revision of the Treaty on European Union and to discuss the sort of sensible legal options and realistic avenues of thought that could assist those involved with the work of the actual Intergovernmental Council (IGC). The contributions are grouped around three major themes: an exploration of the framework of the revision debate; general institutional questions; the general architecture of the Union and the scope of the powers of the Community and the Union. Questions that are addressed in this work are among others: Is it possible in the near future to simplify the procedure for amending the Treaty on European Union? Is the objective of the European Union in the long-term to become a European superstate, a constitutional order of States or merely an advanced type of international organization? What are the chances and pitfalls of allowing increased differentiated integration? The book concludes with a comprehensive summing-up and annexed are the Reflection Group's Report of 5 December 1995 as well as an extensive table of legal provisions and a table of cases