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NCJRS Abstract

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NCJ Number: 222186 Find in a Library
Title: Croatian Yearbook of European Law & Policy
Journal: Croatian Yearbook of European Law & Policy  Volume:3  Dated:2007  Pages:1-579
Editor(s): Sinisa Rodin
Date Published: 2007
Page Count: 579
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: Croatia
Annotation: Eighteen articles discuss recent constitutional and legal issues pertinent to member states of the European Union (EU).
Abstract: The first article examines the role of national constitutional law in relationship to European integration under the EU Constitution. This is followed by an article that highlights the importance of adequate amendments to the constitutions of new EU member states in order to ensure that court rulings under national constitutions do not place them in conflict with the supremacy of European Council law. A third article reviews the constitutional implications of EU membership from the perspective of the European Commission. It shows that virtually all 27 EU Member States accept the supremacy of European Community law over national statutes. A fourth article features an analysis of constitutional discourse relating to the European Arrest Warrant in Germany, Poland, and the Czech Republic. This is followed by an article that reviews existing academic assessments of the "constitutionalizing" role of the European Court of Justice through its judgments and judicial practices. Another article deals with new provisions devoted to EU legal instruments proposed by the Constitutional Treaty and the Reform Treaty. The next article argues that notwithstanding the doctrinal distinction between enforcement and implementing measures, there are effective points of functional overlap between enforcement powers and certain types of implementing tools. The latter are lawful in that they serve other aims and purposes than enforcement. A series of articles then address such issues as identity and the divergence of discourses in Croatia and Europe, the free movement of workers under the transitional arrangements in the enlarged EU, and recent developments in the preaccession and postaccession conditionality and compliance with EU law. Other articles address various issues posed by efforts to promote European law and policy while respecting the distinct identity of EU member states.
Main Term(s): Criminology
Index Term(s): Council of Europe; European civil law; European Union; Foreign courts; Foreign judicial systems; Foreign laws; Foreign organizations; Foreign policies
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