Governing Europe under a Constitution The Hard Road from the Europea

At the summit in Laeken in December 2001 the European Council opened the debate on the reform of the supranational structures through its "Declaration on the Future of the European Union" and proposed a wide-ranging agenda. The European Convention, with t

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Herm.-Josef Blanke Stelio Mangiameli Editors

Governing Europe under a Constitution The Hard Road from the European Treaties to a European Constitutional Treaty

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Professor Dr. Herm.-Josef Blanke Universitåt Erfurt Staatswissenschaftliche Fakultåt Lehrstuhl fçr Úffentliches Recht, Vælkerrecht und Europåische Integration Nordhåuser Straûe 63 D-99089 Erfurt Germany [email protected] Professor Dr. Stelio Mangiameli Universit™ Degli Studi Di Teramo Dipartimento di Scienze Giuridiche Pubblicistiche Via Balzarini ± Colleparco I-64100 Teramo Italy [email protected] The contributions of the volume are mostly the output of the research project ªSupranational integration and federative mechanisms. Constitutional issues in the current evolution process of the European Unionº. Sponsored by German Federal Ministry of the Interior University of Erfurt University of Teramo

ISBN-10 3-540-24042-X Springer Berlin Heidelberg New York ISBN-13 978-3-540-24042-6 Springer Berlin Heidelberg New York Cataloging-in-Publication Data Library of Congress Control Number: 2005937053 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer-Verlag. Violations are liable for prosecution under the German Copyright Law. Springer is a part of Springer Science+Business Media springeronline.com ° Springer Berlin ´ Heidelberg 2006 Printed in Germany The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Hardcover-Design: Erich Kirchner, Heidelberg SPIN 11362234

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Preface

Most of the papers in this volume, Governing Europe under a Constitution, are the output of the Conference on the European Constitution held at the Villa Vigoni Italian-German Centre, at Loveno di Menaggio (Como), on 9-12 July 2003, under the aegis of Erfurt University and Teramo University, and under the Patronage of the President of the Italian Republic, Carlo Azeglio Ciampi who, in his message, stressed the importance of scientific cooperation between Germany and Italy for the development of a European spirit. The idea of the Conference was also thanks to the contribution of Dr Joachim Wuermeling MEP, who monitored progress in the subsequent phases through to their conclusion. , The editors have asked the authors of the papers to constantly update them, to take into account the developments following the Thessaloniki European Council at which the results of the C