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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
A comparison of the results of the six most recent Intergovernmental Conferences (IGCs) in the European Union (EU) indicates that member governments' success in achieving substantial compromises based on issue linkages differs across cases. An examination of supranational and intergovernmental...
Persistent link: https://www.econbiz.de/10005040555
Current approaches to the understanding of institutional change in the European Union have difficulty in understanding how intergovernmental bargaining and day-to-day institutional change interact. This article develops a theoretical framework to understand this interaction, and applies it to...
Persistent link: https://www.econbiz.de/10005040559
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
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
Within the discussion on European governance and constitutional reforms of the EU polity the so-called "open method of coordination" (OMC) has gained much attention as a procedure that occupies an intermediary place between intergovernmental cooperation and supranational legislation. In this...
Persistent link: https://www.econbiz.de/10005040558
This paper surveys the theoretical and empirical research on the efficient assignment of policy tasks to different levels of government and applies the results on the delimitation of competences within the European Union. The main results are: (i) A precise derivation of an optimal degree of...
Persistent link: https://www.econbiz.de/10005040583
The national parliaments in Austria, Finland, and Sweden faced similar challenges as regards to parliamentary participation in EU affairs when their countries became EU members in 1995. They chose different institutional frameworks, where in Austria the respective legal provisions were...
Persistent link: https://www.econbiz.de/10005040584
This article describes and critically analyses the proposed new typology of acts in the draft treaty establishing a constitution for Europe and its implications for the EU legal system. It comments on the categories of act on the three levels of constitutional law, legislation and...
Persistent link: https://www.econbiz.de/10004969202