Martínez Sala and Bambaust have become the leading cases on free movement of persons in Community law. It has become standard to see both rulings as heralding a ‘civic’ turn of European integration, by expanding the personal scope of the freedom of personal movement from workers to...

In the European Employment Strategy (EES) the EU applies the so-called ‘Open Method of Coordination’ (OMC). In the academic literature it is stylized as a focal point for decentralised modes of governance. But drawing on Michel Foucault’s governmentality approach the OMC does not seem to...

The International Criminal Court (ICC), which commenced work in The Hague in 2002, is viewed by many as a success story for international governance and the beginning of a new era in international law. It is the first permanent institution able to prosecute severe violations of international...

Contributions in the normative debate on the legitimacy of the EU are frequently based on two premises: The first premise is that the principles of the democratic constitutional state represent the normative ideal of political rule in the nation-state, but cannot justify the legitimacy of the...

'Constitutionalisation' is the key concept in the search for legitimate governance in the European Union and in the international system. This paper suggests revitalising of a discipline which is widely neglected in European law and international law scholarship. It does not, however, recommend...

This paper deals with the issue of institutionalising a legal pacifistic international order. While Kant’s idea of perpetual peace serves as the point of departure, it is argued that in order to find a proper institutional arrangement one would have to look beyond the two notions found in...

In this paper, I explore in a systematic manner the different components of the democratic legitimacy of the Union from the standpoint of deliberative democratic theory. Contrary to standard accounts, I claim that the question must be disaggregated, given that the Union has not only several...

Cosmopolitanism has a long history. Yet there is a great difference between classical and modern cosmopolitanism. Whereas the latter is an ideology of the classical empire that is grounded in a hierarchical society, modern cosmopolitanism is based on egalitarian and individualistic premises, and...

Corrective justice has been one of the most common arguments for justifying the aim and funtion of non-contractual liability for breaches of EU law. According to this approach, that liability is a mechanism to recompose the state of the art of an order composed of rights, liberties and duties,...

This paper aims at putting forward the key elements of a constitutional theory of European law on the basis of D. Neil MacCormick’s theory of European constitutional pluralism. Firstly, I consider how the institutional theory of law fleshed out by MacCormick creates the theoretical space...