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Understanding the European Constitution: An Introduction to the EU Constitutional Treaty [Paperback]

Clive H. Church (Author), David Phinnemore (Author)
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Book Description

April 12, 2006 0415363403 978-0415363402 1

The European Union is now entering a crucial phase as the ratification process accelerates and key debates and referenda take place in existing and potentially new member states.

The Union’s Constitutional treaty is often cast as either a blueprint for a centralized and protectionist super-state or as the triumph of Anglo-Saxon economics. Yet it has been little read, particularly in the United Kingdom. This book puts this right by publishing the full text of the crucial first part of the document and showing that it does not justify either of the extreme interpretations imposed on it.

Written by two experts of the treaties, Understanding the European Constitution sets the Constitutional Treaty in context, examining its main themes and content and considering the implications of any rejection. It does this in uncomplicated language and with the help of explanatory tables and a glossary. Those who wish to make a considered verdict on the basis of the facts will find it invaluable.


Editorial Reviews

Review

'Clive Church and David Phinnemore have written this book with the aim of providing an impartial, concise and balanced overview of the controversial legal text ... A reliable source of information.' - APE

About the Author

Clive Church is Emeritus Jean Monnet Professor of European Studies at the University of Kent and member of its Centre for Swiss Politics. His research interests continue to be in Swiss politics and the constitutional and democratic development of the EU. His most recent publications are The Penguin Guide to the European Treaties (Penguin, 2002) – co-authored with David Phinnemore and The Politics and Government of Switzerland (Palgrave, 2003).

David Phinnemore is Senior Lecturer in European Integration at Queen’s University Belfast. His research interests include EU treaty reform, EU enlargement and EU-Romania relations and he is co-author with Clive H. Church of The Penguin Guide to the European Treaties (Penguin, 2002)


Product Details

  • Paperback: 216 pages
  • Publisher: Routledge; 1 edition (April 12, 2006)
  • Language: English
  • ISBN-10: 0415363403
  • ISBN-13: 978-0415363402
  • Product Dimensions: 8.5 x 5.8 x 0.5 inches
  • Shipping Weight: 9.9 ounces (View shipping rates and policies)
  • Average Customer Review: 2.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #6,550,020 in Books (See Top 100 in Books)

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1 of 1 people found the following review helpful:
2.0 out of 5 stars Over-enthusiastic survey of the European Union's Constitution, February 6, 2008
By 
William Podmore (London United Kingdom) - See all my reviews
(REAL NAME)   
This review is from: Understanding the European Constitution: An Introduction to the EU Constitutional Treaty (Paperback)
The authors, Clive Church, Emeritus Jean Monnet Professor of European Studies at Kent University, and David Phinnemore, Senior Lecturer in European Integration at Queen's University Belfast, present the basic features of the EU's Constitutional Treaty.

They print its Part 1, on the new Union's structure and principles, and outline its other three parts, Part 2 the Charter of Fundamental Rights, Part 3 defining the EU's policies and functioning, and Part 4 giving its general and final provisions. Then follow its Protocols and Declarations. The authors detail the EU's nature, values, powers, policies, laws, instruments, institutions, democratic dimensions, finances and external roles.

The Constitution installs a new, more powerful, semi-permanent President and a Foreign Minister, posts that no other international organisation has. Now Blair says he'll be President if we give him more powers, especially over defence.

The Constitution guarantees the free movement of persons, capital, goods and services, plus the 'freedom of establishment'. This new freedom appears to mean giving the Establishment whatever it wants. Under this 'freedom', the European Court of Justice has ruled that Finnish ferry operator Viking Line can ignore its collective agreements with Finnish unions, re-flag its vessels to Estonia and hire local crews on lower pay. The RMT warns that employers will use the ruling to cut wages across the EU because every industrial action 'restricts the right of freedom of establishment'.

The Constitution spells out the EU's new goals of lowering customs and other barriers and of ending all controls over foreign direct investment. This would leave us defenceless against foreign takeovers and Chinese and Middle Eastern sovereign wealth funds.

The Constitution says that EU law will overrule national law. It extends EU rule to justice and home affairs. It gives the EU the right to decide the common commercial policy, and policies over customs, fisheries, money (for eurozone members) and competition. The authors admit, 'No other international organisation has such a structure.' The EU may not be a 'superstate', but its Constitution is a huge step towards a new state.

In 2005 the three main parties here pledged to hold a referendum on the Constitution, so whoever won we should have had the referendum. We must have this promised referendum, otherwise, where is the democracy?
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Inside This Book (learn more)
First Sentence:
The British public is normally profoundly unconcerned about matters constitutional, especially when these involve the European Union (EU). Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
multiannual financial framework, constitutional treaty, permanent structured cooperation, ordinary legislative procedure, solidarity clause, participating member states, territorial cohesion, common commercial policy, enhanced cooperation, judicial cooperation, existing treaties, policy competences, administrative cooperation
Key Phrases - Capitalized Phrases (CAPs): (learn more)
European Council, Union Minister, European Central Bank, European Convention, Charter of Fundamental Rights, President of the Commission, Council of Ministers, Commission President, Czech Republic, European Community, Treaty of Nice, European Communities, General Court, Single European Act, Foreign Secretary, Gisela Stuart, Jack Straw, Union Article, United Nations Charter
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