PL EN


2005 | 1(8) | 166-192
Article title

TREATY ESTABLISHING CONSTITUTION FOR EUROPE - DOUBTS AND CONTROVERSIES

Authors
Title variants
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.
Year
Issue
Pages
166-192
Physical description
Document type
ARTICLE
Contributors
author
  • J. Sozanski, Wyzsza Szkola Handlu i Prawa w Warszawie, Wydzial Prawa, Katedra Prawa Miedzynarodowego Publicznego, ul. Swieradowska 43, 02-662 Warszawa, Poland
References
Document Type
Publication order reference
Identifiers
CEJSH db identifier
06PLAAAA01132605
YADDA identifier
bwmeta1.element.c593be28-c36a-3bd9-8ae8-f193b202609a
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