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Re Treaty on European Union
Published online by Cambridge University Press: 01 January 2021
Abstract
Relationship of international law and municipal law — Conduct of foreign relations — Treaty-making power — Spain — Spanish Constitution, Article 95 — Constitutional review of exercise of treaty-making power — Treaty on European Union, 1992 (“Maastricht Treaty”) — Compatibility with Spanish Constitution
Treaties — Conclusion and operation — Constitutional limitations — Accession of Spain to Treaty on European Union, 1992 — Extension of powers of European Community — Compatibility with Spanish Constitution — Whether special constitutional amendment required prior to ratification — Establishment of right to stand as a candidate in municipal elections for persons resident in one Member State who are nationals of another Member State — Whether violating Article 13(2) of Constitution — Whether constituting an infringement of national sovereignty — Scope of permissible transfer of sovereignty to Community institutions — Article 93 of Constitution — Distinction between transfer of powers to institutions and extension of personal rights
Aliens — Acquisition of citizenship — European Community — Establishment of citizenship of European Union — Effect on nationals of one Member State resident in another Member State — Entitlement of such persons to vote and stand as candidates in municipal elections — The law of Spain
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- © Cambridge University Press 1994