THE EUROPEANISATION OF NATIONAL CONSTITUTIONS IN THE CONSTITUTIONALISATION OF EUROPE: SOME OBSERVATIONS AGAINST THE BACKGROUND OF THE CONSTITUTIONAL EXPERIENCE OF THE EU-15Reportar como inadecuado




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Croatian yearbook of European law & policy, Vol.3. No.3. November 2007. -

Summary: 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.



Autor: Monica Claes -

Fuente: http://hrcak.srce.hr/



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