This paper pursues two objectives, one theoretical the other empirical. First, by keeping separate two grand strands in the EU studies literature, one on the design and reform of EU institutions and the other on the EU’s ‘democratic deficit’, EU scholars are foreclosing the opportunity to...

The Convention appears to many as both a confirmation of the thesis of the new institutionalism on the value of institutions for shaping the outcome of constitutional politics (the politics of creating EU fundamental rules) and a new model for democratic deliberative politics. From this second...

These reflections address two tasks prompted by current controversies concerning whether the EU needs a written constitution. Normative considerations do not seem to require a constitution now – nor does such a constitution appear illegitimate in principle, hence it is normatively permissible...

This paper seeks to explain the varying, and sometimes intriguing, outcomes of the past three Treaty revision negotiations of European Union/Community visa, asylum and immigration policy. Regarding this policy area, I focus on the substantial constitutional issues of decision rules and...

This paper makes the case for democratising Europe’s ‘political constitution’ from a republican perspective. Such a ‘constitution’ refers to the norms, principles and procedures of institutionalised governance that constitute the political foundation of the European Union (EU)....

The article argues against recent attempts to subordinate the legal discourse to the logics of the political system. The discussion on global constitutionalism shows better than any other debate that the relationship of law and politics is one of two distinctive communication systems or...

In public discourse, the drawing up of the EU Charter of Fundamental Rights was frequently linked to the hope that this project contributes to forging a European identity. This paper's argument starts form the tension inherent in this idea: On the one hand, identity-building implies the...

Cases for civil damages that have been brought before Western courts by victims of torture and persecution against states officials or corporations, challenge the principles of state sovereignty and jurisdictional competence. While national courts can in cases of serious crimes hear cases that...

Constitutional politics is often contrasted with normal politics as being more deliberative and so able to produce a principled consensus rather than a compromise. This article qualifies this view. The authors argue that the potential exists for reasonable disagreement even over such basic...

This paper presents an argument in favour of developing a multiculturalism policy for the EU, by reference to the potential role which could be played by the Charter of Fundamental Rights in this respect. The provisions on education and culture in the Charter are analysed, with a view to...