The book examines constraints on Member States stemming from three sources of EU law: Association Law, based on the existing legal framework built on the EEC-Turkey Association Agreement (Part I); EU Enlargement Law, comprised of past practice and existing EU rules on enlargement (Part II); and the foundationsof EU Constitutional Law (Part III), which constrain Member States whenever they act within the scope of Union law both as primary and secondary lawmakers. Part III reveals what the Court of Justice of the EU considers to be the essence or the ‘very foundations’ of the Union’s legal order, which it protects against encroachment. This is similar to what some constitutional courts do to protect the ‘inner unity’ or ‘basic structure’ of their constitutions.
The findings of this book can be applied to the accession of any candidate state. It also sheds light on important implications for future treaty amendments, and for identifying possible limits to differentiated integration.
The book examines constraints on Member States stemming from three sources of EU law: Association Law, based on the existing legal framework built on the EEC-Turkey Association Agreement (Part I); EU Enlargement Law, comprised of past practice and existing EU rules on enlargement (Part II); and the foundationsof EU Constitutional Law (Part III), which constrain Member States whenever they act within the scope of Union law both as primary and secondary lawmakers. Part III reveals what the Court of Justice of the EU considers to be the essence or the ‘very foundations’ of the Union’s legal order, which it protects against encroachment. This is similar to what some constitutional courts do to protect the ‘inner unity’ or ‘basic structure’ of their constitutions.
The findings of this book can be applied to the accession of any candidate state. It also sheds light on important implications for future treaty amendments, and for identifying possible limits to differentiated integration.
![Legal Constraints on EU Member States in Drafting Accession Agreements: The Case of Turkey](http://img.images-bn.com/static/redesign/srcs/images/grey-box.png?v11.12.6)
Legal Constraints on EU Member States in Drafting Accession Agreements: The Case of Turkey
333![Legal Constraints on EU Member States in Drafting Accession Agreements: The Case of Turkey](http://img.images-bn.com/static/redesign/srcs/images/grey-box.png?v11.12.6)
Legal Constraints on EU Member States in Drafting Accession Agreements: The Case of Turkey
333Paperback(1st ed. 2022)
Product Details
ISBN-13: | 9783031041044 |
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Publisher: | Springer International Publishing |
Publication date: | 06/22/2022 |
Series: | Studies in European Economic Law and Regulation , #12 |
Edition description: | 1st ed. 2022 |
Pages: | 333 |
Product dimensions: | 6.10(w) x 9.25(h) x (d) |