IDEAS home Printed from https://ideas.repec.org/a/erp/eiopxx/p0101.html
   My bibliography  Save this article

A Critical Analysis of the new Typology of Acts in the Draft Treaty Establishing a Constitution for Europe

Author

Listed:
  • Hofmann, Herwig C. H.

Abstract

This article describes and critically analyses the proposed new typology of acts in the draft treaty establishing a constitution for Europe and its implications for the EU legal system. It comments on the categories of act on the three levels of constitutional law, legislation and implementation. It highlights the importance of the correlation between the catalogue of fundamental rights on one hand and the definition of legislation on the other, which will reform the relation between legislative and executive powers in the Union. The article also uncovers several shortcomings in the proposed typology of acts including the problematic relation between delegated regulations and implementing regulations as well as the lack of adjustment of the proposed system of legal acts to the special nature of the EU.

Suggested Citation

  • Hofmann, Herwig C. H., 2003. "A Critical Analysis of the new Typology of Acts in the Draft Treaty Establishing a Constitution for Europe," European Integration online Papers (EIoP), European Community Studies Association Austria (ECSA-A), vol. 7, September.
  • Handle: RePEc:erp:eiopxx:p0101
    as

    Download full text from publisher

    File URL: http://eiop.or.at/eiop/texte/2003-009a.htm
    File Function: Abstract
    Download Restriction: no

    File URL: http://eiop.or.at/eiop/texte/2003-009.htm
    File Function: Full text
    Download Restriction: no

    File URL: http://eiop.or.at/eiop/pdf/2003-009.pdf
    File Function: Full text
    Download Restriction: no
    ---><---

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:erp:eiopxx:p0101. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Editorial Assistant (email available below). General contact details of provider: https://edirc.repec.org/data/ecsaaea.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.