Showing 1 - 10 of 11
The purpose of this paper is to shed light on the type of allegiance that the Charter of Fundamental Rights of the European Union is based on. Charters as Bills of Rights establish or entrench fundamental rights, democracy and the rule of law, and the relevant sense of allegiance and attachment...
Persistent link: https://www.econbiz.de/10005040231
for a conception that determines the legitimacy basis of constitutional norms. This has considerable implications for the … legitimacy. That has not yet been met in the European Union, but it might be attained in forthcoming constitutional moments. …
Persistent link: https://www.econbiz.de/10005040341
In this paper the relationship between constitution and state is analysed. The EU's constitutional structure is evaluated according to three ideas of constitutionalism: the evolutionary or functionalist idea; the power-binding idea; and the power-establishing or revolutionary idea. It is found that...
Persistent link: https://www.econbiz.de/10005040347
legitimacy of the constitutional set-ups of the EU member states and of the Union itself. Whatever institutional arrangements …
Persistent link: https://www.econbiz.de/10005040375
that gave the Convention its mandate) has managed to come up with a solution to the EUs legitimacy deficit. My focus here …, transformative, and moral. Each strategy is developed so as to yield a diagnosis of the EUs legitimacy deficit, which serves as a …
Persistent link: https://www.econbiz.de/10005040455
legitimacy-trap. An elected convention would probably be more democratic, because such an institution would be more public as …
Persistent link: https://www.econbiz.de/10005040501
This paper proposes to assess the representative quality of European Union decision-making by way of a micro-approach which traces the effectiveness of the mechanisms of representation that connect the European peoples to the decision-making process. In particular, it proposes to distinguish...
Persistent link: https://www.econbiz.de/10005040523
The article explores whether the Constitutional Treaty may provide more legitimacy for governance in the European Union … on the use of Union power are suboptimal; the EU's weak 'input legitimacy' is not strengthened. On the other side, the … enhanced legitimacy, the overall picture, albeit somewhat daunting, is not altogether bleak. …
Persistent link: https://www.econbiz.de/10005040563
The paper deals with certain questions and problems of the constitutionalization of the European Union which did not receive very much attention from the Convention on the Future of Europe and from the observers of that Conventions work, but which, nevertheless, may be relevant whenever the...
Persistent link: https://www.econbiz.de/10004969254
risks of erosion implied by constitutional pluralism, while also enhancing the legitimacy of the European polity. This can …
Persistent link: https://www.econbiz.de/10004969269