Bridging Clauses in European Constitutional Law
Legal Framework and Parliamentary Participation
Nonfiction, Reference & Language, Law, International, Business & Finance, Economics, International Economics
| Author: | Robert Böttner, Jan Grinc | ISBN: | 9783319733418 |
| Publisher: | Springer International Publishing | Publication: | January 17, 2018 |
| Imprint: | Springer | Language: | English |
| Author: | Robert Böttner, Jan Grinc |
| ISBN: | 9783319733418 |
| Publisher: | Springer International Publishing |
| Publication: | January 17, 2018 |
| Imprint: | Springer |
| Language: | English |
The book focuses on the legal framework for the use of the bridging clauses of Article 48(7) TEU as well as on parliamentary participation in the process of activating these clauses. It also outlines national parliamentary participation in EU law in general and, specifically, in the procedures for the amendment of the Treaties. Further, it explores the substantial law of the general bridging clauses (scope of application, exceptions, legal effects) and explains in detail the special bridging clauses and similar provisions that are scattered throughout the Treaties. The study further deals in depth with procedural issues, including the procedural requirements in the provision itself, notably the important and most complex element: the participation of the national parliaments, both directly and indirectly through the (European) Council. To this end, the book includes an analysis of the safeguards and mandating systems that national legal orders have installed.
The book focuses on the legal framework for the use of the bridging clauses of Article 48(7) TEU as well as on parliamentary participation in the process of activating these clauses. It also outlines national parliamentary participation in EU law in general and, specifically, in the procedures for the amendment of the Treaties. Further, it explores the substantial law of the general bridging clauses (scope of application, exceptions, legal effects) and explains in detail the special bridging clauses and similar provisions that are scattered throughout the Treaties. The study further deals in depth with procedural issues, including the procedural requirements in the provision itself, notably the important and most complex element: the participation of the national parliaments, both directly and indirectly through the (European) Council. To this end, the book includes an analysis of the safeguards and mandating systems that national legal orders have installed.
