50 Years of the European Treaties: Looking Back and Thinking by Michael Dougan, Samantha Currie

By Michael Dougan, Samantha Currie

The essays which look during this paintings are in keeping with papers provided at a two-day convention held in Liverpool in July 2007 to rejoice the fiftieth anniversary of the signing of the Treaty of Rome, which demonstrated the eu financial neighborhood. the gathering displays severely upon a few of the EU's center features and speculates imaginatively at the various demanding situations that would face the european sooner or later. through exploring the urgent modern difficulties in Europe and via throwing mild at the tremendous questions with a purpose to outline the EU's id within the medium time period, the essays additionally draw out hyperlinks with, and threats to, the old achievements of ecu integration. those essays might be crucial interpreting for any pupil or practitioner attracted to the character of the constitutional courting among the Union and its Member States, and the tensions among financial and social coverage targets.

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Extra resources for 50 Years of the European Treaties: Looking Back and Thinking Forward (Essays in European Law)

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259 Dec 2001/79/CFSP setting up a Military Committee [2001] OJ L27/4 ............ 11 Dec 2001/80/CFSP establishing military staff of EU [2001] OJ L27/7 ............. 11 Dec 2002/584 on European arrest warrant [2002] OJ L190/1 ............. 55–58, 60 preamble ....................................................................................................... 55 recital 10 ....................................................................................................... 55 recitals 12–13 ................................................................................................

25 See A Dashwood, ‘The Relationship between the Member States and the Community’ (2004) 41 CML Rev 355. 10 Alan Dashwood specific measures and the jurisdiction of the Court of Justice was completely excluded. Nevertheless, I have always taken the view that it was misleading to describe the systems of the Second and Third Pillars as ‘inter-governmental’. That is because powers were conferred on the Union as an entity distinct from the Member States; and in exercising those powers the institutions of the Union function as themselves, under their usual rules of procedure and serviced by their own officials.

Even though, as we shall see, the Luxembourg Compromise has been formally invoked on very few occasions, the crisis of 1965/66 cast a long shadow. To borrow form Robert Browning, it would never be a ‘glad, 17 See the account in Wyatt & Dashwood, para 3–010. The full text of the Luxembourg Compromise was published in Bulletin of the EC, March 1966, 8–10. 18 Nevertheless, the intransigence of De Gaulle’s France may be seen in a positive light, as a salutary reality check. The lesson was learned that Member States could not be compelled to accept constitutional changes through subtle manipulation of the institutional framework; if their ‘very important interests’ were perceived to be at risk, the framework itself was liable to buckle.

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