In the first interdisciplinary work focused on the European Ombudsman, expert observers of EU institutional affairs provide a thorough evaluation of the Ombudsman and its constitutional role, powers, activities and future potential. The book addresses the Ombudsman's impact on accountability in the EU's executive branch and offers new suggestions for the further development of the practice of 'ombuds review'. The contributions to the discussion within this book come from law, political science, administrative science and economics. Looking at comparative developments in EU law and policy they critically review, from a variety of perspectives and methodologies, the Ombudsman's role in the review of activity of EU institutions, bodies, offices and agencies. They then evaluate this role, and its achievements, against the original objectives for creating an Ombudsman some 20 years ago. This timely book will appeal to scholars and advanced students of the EU political and legal system. It is a also must-read for policy advisors and practitioners looking to enhance their understanding of alternative modes of dispute settlement and anyone interested in the future of administration in the EU. Contributors include: P.N. Diamandouros, D. Dragos, I. Harden, H.C.H. Hofmann, R. Mastroianni, J. Mendes, B. Neamtu, C. Neuhold, G. Tridimas, T. Tridimas, J. Trondal, A. Wille, J. Ziller

Common European Legal Thinking emanates from the existence of a shared European legal culture as especially reflected in the existence of a common European constitutional law. It denotes a body of individual constitutional principles - written and unwritten - that represent the common heritage of the constitutions of the Member States. Taking into account the two major European organisations, the Council of Europe and especially the European Union, the essays of this Festschrift discuss a range of constitutional principles, including the rule of law, democracy, and the exercise of political power in a multilevel system which recognises fundamental rights as directly applicable and supreme law. Other essays examine the value of pluralism, the commitment of private organisations to uphold public values, principles or rules, and the objectives and methods of a transnational science of administrative law. These articles highlight the fact that the Ius Publicum Europaeum Commune is "politically" in the making, which can often be seen in the shape of general legal principles. The publication recognises the role of Albrecht Weber as a forerunner of Common European Legal Thinking.

This book offers a selection of materials that enable a better understanding of some of the most important changes that would be introduced by the Treaty establishing a Constitution for Europe in the EU legal and political system. It also helps to assess the need for the reforms embedded in the Constitutional Treaty as well as the quality of the formulations agreed upon by the signatory Member States. The book includes excerpts of the European Convention's work, selected statutory and constitutional provisions of the Member States, and also related passages from pertinent court decisions - from both European courts as well as Member States' constitutional courts. Institutional and doctrinal analyses and relevant excerpts from the Constitutional Treaty itself are also included. Many of these documents directly relate to the provisions of the Constitutional Treaty, while the others, although not directly related, are nevertheless relevant to the debate surrounding it. The European Constitution, by two of the best experts on the Constitution for Europe, will be of great interest to researchers and teachers in the fields of European Law and European politics, and also to policy makers in European affairs.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This is the essential introduction to understanding the law of the European Union's institutions and policies. Jacques Ziller explores the fields of EU law and its relevant politics in precise, but accessible, language, covering the internal market, free movement of citizens, the economic and monetary union, and foreign and security policies. Key features include: Citations of critical legal texts to aid clarity for readers Analysis of the interactions and relations between the EU and member states Insights on the founding treaties of the Union and how these have progressed Discussion of both the legal and political aspects of the EU s policies and institutions. A comprehensive insight to the topic, this book will be a vital read for EU and constitutional law scholars. It also offers a clear understanding of the topic for political science and international relations scholars wishing to gain a better understanding of EU law. Practitioners from EU institutions and member states governments and NGOs will find this offers a critical analysis of the field. 'A fresh, contemporary perspective on the European Union, which sets about presenting the Union, its constitutional and legal functions in an arresting and novel manner, which should be appreciated equally by both the expert and the general reader. An invaluable contribution to the core literature on the Union.' - Diana P. Wallis, Former Vice President of the European Parliament and Past President of the European Law Institute

Common European Legal Thinking emanates from the existence of a shared European legal culture as especially reflected in the existence of a common European constitutional law. It denotes a body of individual constitutional principles - written and unwritten - that represent the common heritage of the constitutions of the Member States. Taking into account the two major European organisations, the Council of Europe and especially the European Union, the essays of this Festschrift discuss a range of constitutional principles, including the rule of law, democracy, and the exercise of political power in a multilevel system which recognises fundamental rights as directly applicable and supreme law. Other essays examine the value of pluralism, the commitment of private organisations to uphold public values, principles or rules, and the objectives and methods of a transnational science of administrative law. These articles highlight the fact that the Ius Publicum Europaeum Commune is "politically" in the making, which can often be seen in the shape of general legal principles. The publication recognises the role of Albrecht Weber as a forerunner of Common European Legal Thinking.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This is the essential introduction to understanding the law of the European Union's institutions and policies. Jacques Ziller explores the fields of EU law and its relevant politics in precise, but accessible, language, covering the internal market, free movement of citizens, the economic and monetary union, and foreign and security policies. Key features include: Citations of critical legal texts to aid clarity for readers Analysis of the interactions and relations between the EU and member states Insights on the founding treaties of the Union and how these have progressed Discussion of both the legal and political aspects of the EU s policies and institutions. A comprehensive insight to the topic, this book will be a vital read for EU and constitutional law scholars. It also offers a clear understanding of the topic for political science and international relations scholars wishing to gain a better understanding of EU law. Practitioners from EU institutions and member states governments and NGOs will find this offers a critical analysis of the field. 'A fresh, contemporary perspective on the European Union, which sets about presenting the Union, its constitutional and legal functions in an arresting and novel manner, which should be appreciated equally by both the expert and the general reader. An invaluable contribution to the core literature on the Union.' - Diana P. Wallis, Former Vice President of the European Parliament and Past President of the European Law Institute

This book offers a selection of materials that enable a better understanding of some of the most important changes that would be introduced by the Treaty establishing a Constitution for Europe in the EU legal and political system. It also helps to assess the need for the reforms embedded in the Constitutional Treaty as well as the quality of the formulations agreed upon by the signatory Member States. The book includes excerpts of the European Convention's work, selected statutory and constitutional provisions of the Member States, and also related passages from pertinent court decisions - from both European courts as well as Member States' constitutional courts. Institutional and doctrinal analyses and relevant excerpts from the Constitutional Treaty itself are also included. Many of these documents directly relate to the provisions of the Constitutional Treaty, while the others, although not directly related, are nevertheless relevant to the debate surrounding it. The European Constitution, by two of the best experts on the Constitution for Europe, will be of great interest to researchers and teachers in the fields of European Law and European politics, and also to policy makers in European affairs.

The Research Network on EU Administrative Law (ReNEUAL) was established in 2009 and now comprises well over one hundred scholars and practitioners active in the field of EU and comparative public law. The aim of the network is to contribute to the development of a legal framework in which the constitutional values of the EU can be embedded in the exercise of public authority. Drafted by four working groups addressing the main aspects of EU administrative procedure, the ReNEUAL Model Rules offer a toolkit for European and domestic authorities seeking to regulate administrative action, reinforcing general principles of EU law and identifying, on the basis of comparative research, best practices in different specific policies of the EU. The book includes an extended introduction chapter, followed by the Model Rules, which are organised into six parts. Part I addresses general issues concerning the scope of the Model Rules and their relation to existing rules in EU legislation and Member State law; Part II is concerned with rulemaking by EU institutions, bodies, offices, and agencies; Part III focuses on single case decision-making by EU institutions, bodies, offices, and agencies; Part IV addresses contracts of EU institutions, bodies, offices, and agencies; Part V discusses mutual assistance between administrations; and Part VI addresses inter-administrative information management.

Whether the Constitutional Treaty will enter into effect - or the prospect of the EU having a constitutional text is pushed back to a much more distant future - the ratification of an EU Constitution raises questions of fundamental importance from the point of view of national constitutional law. Whilst constitutions have traditionally been linked to states, more recent theories, such as post-national, multi-level, or intertwined constitutionalism, recognise the possibility for a constitution to exist in a non-state context. In this very valuable book, which focuses on the ratification of the European Constitutional Treaty, twenty-eight authorities in constitutional and EU law examine the extent to which such theories have made inroads in national constitutional thinking. The contributors examine the debates and official documents of the political institutions that have been involved in the ratification process in the Member States, as well as constitutional court decisions and scholarly discourse. They also cover a range of closely related issues, such as the amendment of national constitutions, ratification referendums, and the implications of the codification of the principle of primacy in the European Constitution. The book includes reports from 17 EU Member States, as well as a view from a candidate country, Croatia. These reports, along with other papers on the nature and content of the Constitutional Treaty, consider the following issues: the process and legal framework of ratification in each of the examined Member States; the novel category of 'constitutional treaty'; constitutional elements in existing EC/EU treaties; types of constitutions and constitutionalism, and constitutions in non-state contexts; the implications of the primacy clause; ratification referendums; and, eurosceptic fears of the development of a super-state. The book is based on the proceedings of an international conference that was held in Tallinn, Estonia, in November 2005. By assessing the implications of the European Constitution from the perspective of national constitutional law, this book fills an important gap in the literature. It also makes a contribution to the emergence of a true European-wide constitutional debate, by providing both researchers and policy-makers with comparative information regarding the constitutional aspects of ratification in Member States. It will be of absorbing interest and value for years to come as the European constitutional debate continues.

Until very recently, the word 'constitution' was noticeably absent form the EU's political vocabulary. However, as soon as it became clear that the gap between the institutions of EU and its citizens must be bridged, the European Convention of 2003 developed a single integrated constitutional text, which was quickly adopted by the heads of all EU Member States and submitted to the States for ratification in 2004. This remarkable book is the first in-depth analysis of the Treaty Establishing a Constitution for Europe. Although the author, notable constitutional jurist Jacques Ziller, acknowledges that the new Constitution is in many ways a grand integration of elements from exiting European law (most importantly from the case law of the European Court of Justice), he clearly explains the treaty's innovations and its far-reaching implications for the future of Europe. Combining legislative history, acute insight, rigorous analysis, and detailed supplementary information, "The New European Constitution" elucidates the genesis, growth, and future implications of this intriguing European development. Professor Ziller's treatment covers and investigates such as the following: the background, composition and internal organisation of the Convention; profiles of the Convention's principal players; the drafting of the constitutional text; the Constitution's chapters and themes and the problems addressed by each of them; the major objections made to the text; and procedure for future amendments. In one of the book's most extraordinary features, the commentary is regularly accompanied by tables illustrating essential terms and concepts pertinent to the discussion. Whether the ratification process succeeds or not, Professor Ziller has rendered a service of inestimable value, as the principles and arguments crystallised in this moment of European political history will continue to exercise a profound effect on European society. And while the breath and precision of the knowledge embodied in this work is prodigious, the presentation is clear, simple, and captivating. It is sure to familiarize many interested parties with the new European constitution and what it means.