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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
could make the legitimacy and the fulfillment of the principal aims of the EEA more difficult. First, I argue that the …
Persistent link: https://www.econbiz.de/10005040421
Integration may occur through coercion and intergovernmental bargaining - through blackmail, tradition, functional adaptation, copying, diffusion or exit - but it may also occur through reflexive reason-giving and entrenched commitments. The usefulness of such an approach to transnational and...
Persistent link: https://www.econbiz.de/10005040453
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