Showing 1 - 8 of 8
The paper reacts to a widespread perception of the development of the European Community after the adoption and implementation of the internal market programme. These perceptions are characterised as endorsing the emergence of a "market without the state". This vision, the paper argues, is...
Persistent link: https://www.econbiz.de/10004969225
important issue of strengthening the legitimacy of the dispute settlement system, and a possible role for the standard of review …
Persistent link: https://www.econbiz.de/10004969243
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
The theme of the article is the ECJ's approach to the standing of private applicants in actions of annulment. The analysis places the emphasis on the Opinions by AG Jacobs and the rulings of the CFI and the ECJ in UPA and Jégo-Quérè and on the limited changes proposed under the Draft...
Persistent link: https://www.econbiz.de/10004969278
://eiop.or.at/eiop/texte/1997-019a.htm ). The analytical approach chosen includes a "comparative analysis" of legal and political science theories …
Persistent link: https://www.econbiz.de/10004969285
This paper is essentially a translation of a comment in German (Joerges 2000) on a series of articles in which Rainer Schmalz-Bruns (1998, 1999a, 1999b) developed a concept of legitimate governance beyond the constitutional state, which he called deliberative supra-nationalism and contrasted...
Persistent link: https://www.econbiz.de/10004969299
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