In 2002, the European Parliament and the Council concluded an Interinstitutional Agreement (IIA) on access to sensitive documents in the area of security and defence. The agreement gives the Parliament privileged access to documents that are withheld from the public. This article suggests two...

In this article, I outline an analytical framework allowing for an assessment of the democratic legitimacy of the decision-making system of the EU’s second pillar with reference to five criteria. The criteria are developed on the basis of a discourse-theoretical reading of a deliberative...

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...

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 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...

This working paper offers a reconstruction and critical analysis of Joerges’ conflicts theory of European Union law. It is claimed that the theory of European conflicts is structured around three key premises: first, that there are functional and normative reasons to transcend the autarchic...