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8 - How Changing Rules and Norms Have Shaped EU Treaty Making

from Part III - The Practice of EU Treaty Making

Published online by Cambridge University Press:  20 July 2018

Dermot Hodson
Affiliation:
Birkbeck College, University of London
Imelda Maher
Affiliation:
University College Dublin
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Summary

How has the transformation of treaty-making rules and norms affected the practice of EU treaty making over time? Using quantitative methods, this chapter shows that the rise of parliaments and referendums is associated with declining rates of treaty making over time. Faced with tighter ratification constraints, national governments have, it is noted, sought to untie their hands by rerunning unfavorable referendums and pursuing international law treaties negotiated and ratified at one remove from EU constitutional rules and norms. And yet the EU’s frequent recourse to treaty amendment in the 1990s and 2000s can be viewed as an attempt to address the problems of legitimacy exposed by earlier rounds of treaty making.
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Chapter
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The Transformation of EU Treaty Making
The Rise of Parliaments, Referendums and Courts since 1950
, pp. 221 - 245
Publisher: Cambridge University Press
Print publication year: 2018

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