Article 2 [The Homogeneity Clause]

Abstract

The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a "Europeanised research on Union law". This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law. Preface; Foreword; Country and Territory Codes; Selected National and International Courts; Abbreviations; Contents; Contributors; Preamble; 1 The ``Stratification ́ ́ of the Preamble; 1.1 Comparing the Preamble to the TEU with the Preamble to the TCE; 1.2 The Preamble to the TEU and the Preamble to the TFEU; 1.3 The Preamble to the Single European Act and the Foundation of the European Union; 1.4 The Preamble to the Charter of Fundamental Rights of the European Union; 1.5 The Preamble to the Treaty of Lisbon; 2 Role and Contents of the Preamble. 2.1 The ``Process ́ ́ of European Integration and the ``Small Steps ́ ́ Approach: The Ending of the Division of the European Continent2.2 The Cultural Elements, the ``Cultural, Religious and Humanist Inheritance ́ ́ and the ``Identity of Europe ́ ́; 2.3 The Structural Principles of the European Union; 2.4 The Principles That Refer to the Modus Operandi of the Institutions; 2.5 The European Union Policies; 2.6 European Citizenship and the ``Peoples of Europe ́ ́; 3 The Issue of the Legal ``Relevance ́ ́ of the Preamble; Table of Cases; References; Title I: Common Provisions. Article 1 [Establishment and Functioning of the Union]1 Fundamental Provision of Integration Policy; 2 The Founding of the European Union (Paragraph 1, First Phrase); 2.1 Founding of the Union Under International Law with Continuing Authority for the Member States; 2.2 The Treaty of Lisbon as a Reform Treaty; 2.3 Domestic Ratification, Implementation Procedures and Constitutional Amendments; 2.4 Title, Legal Nature and Objective of the ``European Union ́ ́; 3 Conferral of Competences (Paragraph 1, Second Phrase); 4 An Ever Closer Union: A New Step Forward (Paragraph 2). 4.1 The Peoples of Europe as the Basis for an Ever Closer Union4.2 Definition of Federal States and Confederations; 4.2.1 The Union ́s Lack of Statehood; 4.2.2 The Confederal Concept of the Union as an Association of Sovereign States and Its ``Consequences ́ ́; 4.2.3 The Federal Concept of a Compound of Constitutions; 4.2.4 The European Union as Polycentric and Non-state Form of Government; 4.2.5 The ``European Federation ́ ́ as Strategy to Overcome the Crisis?; 4.3 Openness and Transparency; 4.4 Proximity: Closeness to the Citizen. 5 Equal Legal Value of the TEU and the TFEU (Paragraph 3, Sentences 1, 2)5.1 European Council Mandate Regarding the Future Structure of the Integration Treaties; 5.2 Classification of Both Treaties; 5.2.1 The Treaty on European Union as ``Constituent Framework Treaty ́ ́; 5.2.2 The TFEU as Institutional, Functional and Competence Aspects of the Political Mandate for Integration; 5.3 Interaction of the Treaties; 5.3.1 Monolithic Organisational and Binary Treaty Structure; 5.3.2 Motives of the Contracting Parties; 5.3.3 Supranationality of the Treaties.