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2 results

  • The people have spoken: abide? A critical view of the EU’s dramatic referendum (in)experience

  • Andreas Auer
  • Journal:
    European Constitutional Law Review / Volume 12 / Issue 3 / December 2016
    Published online by Cambridge University Press:
    06 December 2016, pp. 397-408
    Print publication:
    December 2016
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  • 6 December 1992 – 9 February 2014 – 23 June 2016: three national referendums related to the European integration process, the first two in Switzerland, the third in the United Kingdom, with a hardly expected but unmistakably clear anti-European and anti-establishment outcome. The people have spoken, the matter is settled, governments have to abide. So goes the common understanding. In constitutional terms and in the theory of (direct) democracy, however, things may look different.

  • Adoption, Ratification and Entry Into Force: Article IV-8 Draft Convention

  • Andreas Auer
  • Journal:
    European Constitutional Law Review / Volume 1 / Issue 1 / January 2005
    Published online by Cambridge University Press:
    12 October 2004, pp. 131-135
    Print publication:
    January 2005

  • The provision relating to the adoption, ratification and entry into force of the Treaty establishing the Constitution for Europe is probably one of the most difficult ones, both in legal and political terms. It is supposed to define the legal nature and quality of the entire EU process in its present and future phase. There is an inherent ambiguity about the legal nature of the treaty, which is already apparent in the title, and there are profound political implications as well. Is the Treaty establishing a Constitution for Europe a treaty or a constitution? Can it be both or neither? These are hard questions indeed.