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Words: | Submitted: Mon Jun 19 2006
... a written document which has a higher status of law, thus it requires a special procedure to alter. As can be seen from Jack Straw's comment in The Economist; "I do not have a pocket big enough for what passes as the constitution - 'the consolidated Treaties' - of the European Union." the EU's constitution is vast and requires consolidation. This essay proposes that the Charter of Fundamental rights will have 'legal force', though may also signal a "constitutional moment" for Europe. The Charter may either be incorporated into the primary Treaties thus giving it constitutional force or take on the form of secondary legislation as directives. In order to give the Charter legal force it will be required to be formally integrated into the primary laws of the Community. However, if the Charter was to be incorporated it may not have legal bite as the mandate to which the Convention worked was ...
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