Legal constraints on EU Member States as primary law makers : a case study of the proposed permanent safeguard clause on free movement of persons in the EU negotiating framework for Turkey's accession

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Legal constraints on EU Member States as primary law makers : a case study of the proposed permanent safeguard clause on free movement of persons in the EU negotiating framework for Turkey's accession

Type: Doctoral Thesis
Title: Legal constraints on EU Member States as primary law makers : a case study of the proposed permanent safeguard clause on free movement of persons in the EU negotiating framework for Turkey's accession
Author: Tezcan, Narin
Publisher: Europa Institute, Faculty of Law, Leiden University
Issue Date: 2015-05-27
Keywords: EEC-Turkey Association Law
Enlargement practice
Constitutional foundations of the Union
Abstract: Do Member States of the EU have a free hand in drafting Accession Treaties, or are there legal constraints on their primary law making function in this context? That is the central question this thesis addresses. It argues that such constraints do exist, and tries to identify them, thereby hoping to provide some insight into the nature of the EU legal order. The point of departure as well as the main focus of the study is the proposed permanent safeguard clause (PSC) on free movement of persons in the Negotiating Framework for Turkey. It is with reference to the PSC that legal provisions, rules, principles and norms that might constrain Member States as primary law makers in the context of accession are identified. The thesis examines constraints on Member States flowing from three levels: the pre-accession level, that is the existing legal framework around the EEC-Turkey Association Agreement (Part I); the accession process level, which is comprised of past practice and existing EU rules on enlargement (Part II); last but not least, the constitutional foundations of the Union (Part III), which constrain Member States whenever they act within the scope of Union law both as primary and secondary law makers.
Description: Promotores: C.A.P. Hillion, S.C.G. Van den Bogaert
With Summary in Dutch
Faculty: Faculteit der Rechtsgeleerdheid
Citation: Tezcan, N., Doctoral Thesis, Leiden University
Series/Report no.: Meijersreeks;MI-247
ISBN: 9789462038288
Handle: http://hdl.handle.net/1887/33072
 

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application/pdf Part I: Chapter 2 155.3Kb View/Open
application/pdf Part I: Chapter 3 274.9Kb View/Open
application/pdf Part II: Chapter 4 225.4Kb View/Open
application/pdf Part II: Chapter 5 252.1Kb View/Open
application/pdf Part III: Chapter 6 286.2Kb View/Open
application/pdf Part III: Chapter 7 166.9Kb View/Open
application/pdf Part III: Chapter 8 117.6Kb View/Open
application/pdf Summary in Dutch 91.66Kb View/Open
application/pdf Table of Documents_Bibliography_Curriculum Vitae 188.9Kb View/Open
application/pdf Propositions 121.1Kb View/Open

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