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The Portuguese Constitution and the Participation of the Republic of Portugal in the European Union

The Portuguese Constitution and the Participation of the Republic of Portugal in the European Union PORTUGAL Carlos Botelho Moniz* Introduction The way the European integration process has unfolded over the last twelve years has focused political and legal discussion on two issues: the legitimacy of the new power structures emerging at the European level and, at the same time, the relationship between European Union law - and, in particular, Community law and the constitutional law of the states taking part in the said integration process. In effect the European Union, as well as the Communities it comprises, were born of acts of international conventional law, international treaties, negotiated, approved and ratified by the Member States, in accordance with the constitutional rules governing the external obligations of the state. It is therefore understandable that under constitutional law, and especially in terms of a formal constitution, the legitimacy of the European Communities and Union stems from the states' sovereign will, stated in keeping with their respective constitutional rules. The ratification process involves not only compliance with the rules governing the procedure by which the state is duly bound at the international level but also control over the suitability of the treaty to be ratified as far as the substantive rules of the constitution are concerned. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

The Portuguese Constitution and the Participation of the Republic of Portugal in the European Union

European Public Law , Volume 4 (4) – Jan 21, 1998

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Kluwer Law International
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Copyright © Kluwer Law International
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1354-3725
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Abstract

PORTUGAL Carlos Botelho Moniz* Introduction The way the European integration process has unfolded over the last twelve years has focused political and legal discussion on two issues: the legitimacy of the new power structures emerging at the European level and, at the same time, the relationship between European Union law - and, in particular, Community law and the constitutional law of the states taking part in the said integration process. In effect the European Union, as well as the Communities it comprises, were born of acts of international conventional law, international treaties, negotiated, approved and ratified by the Member States, in accordance with the constitutional rules governing the external obligations of the state. It is therefore understandable that under constitutional law, and especially in terms of a formal constitution, the legitimacy of the European Communities and Union stems from the states' sovereign will, stated in keeping with their respective constitutional rules. The ratification process involves not only compliance with the rules governing the procedure by which the state is duly bound at the international level but also control over the suitability of the treaty to be ratified as far as the substantive rules of the constitution are concerned.

Journal

European Public LawKluwer Law International

Published: Jan 21, 1998

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