TREATY ESTABLISHING CONSTITUTION FOR EUROPE - DOUBTS AND CONTROVERSIES

• Authors: Sozanski J.
• Languages of publication: PL

Abstracts

EN

The Treaty establishing the Constitution for Europe assumes the introduction of a new legal and institutional system and the creation of the new European Union characterized by a wide entity. However, it is carried out without a clear concept and principles of transit, a hierarchy and a structure of the system. It is an act of a compiliatory character which results from the way it is drawn up and which also explains its lack of unity and some inconsistencies with the regulations of the Constitution. Its systematic nature is far from being logical. It seems glaring to repeat certain regulations with a simultaneous change of their formulation and not to indicate their mutual relations. While rejecting 'acquis communautaire' some regulations of the Constitution appeal to it. A considerable degree of generality may lead to non-selfpracticability of the norms. All this may provoke collisions and interpretation and application of the Constitution regulations contra Iegem. In addition, the situation might also strengthen the influence of the biggest countries on functioning of the new Union although one should not assume that their role in preparing and defending the text of the of the Constitution aimed at achieving this.

Keywords

EN

CONSTITUTION FOR EUROPE; EUROPEAN UNION

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Oficyna Wydawnicza Uczelni Łazarskiego
• Journal: Myśl Ekonomiczna i Prawna
• Year: 2005
• Issue: 1(8)
• Pages: 166-192
• Document type: ARTICLE

Contributors

author

Sozanski J.

• J. Sozanski, Wyzsza Szkola Handlu i Prawa w Warszawie, Wydzial Prawa, Katedra Prawa Miedzynarodowego Publicznego, ul. Swieradowska 43, 02-662 Warszawa, Poland

Identifiers

CEJSH db identifier

06PLAAAA01132605