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The Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG) removes the unanimity requirement for entry into force. This innovation is possible because, technically, the TSCG I not an EU Treaty. It is not constructed as a reform of the EU Treaties following...
Persistent link: https://www.econbiz.de/10009492800
legitimacy-trap. An elected convention would probably be more democratic, because such an institution would be more public as …
Persistent link: https://www.econbiz.de/10005040501
This paper proposes to assess the representative quality of European Union decision-making by way of a micro-approach which traces the effectiveness of the mechanisms of representation that connect the European peoples to the decision-making process. In particular, it proposes to distinguish...
Persistent link: https://www.econbiz.de/10005040523
In recent years, the idea that constitutional modes of government are exclusive to states has become the subject of sustained challenge. This is due to the development in regional and global sites of regulatory institutions and practices which meet criteria normally associated with...
Persistent link: https://www.econbiz.de/10005040533
discourse on the EU. In order to reconstruct how interests, identities and normative ideas relating to the legitimacy of an EU …
Persistent link: https://www.econbiz.de/10005040536
Both in moral philosophy more generally and in political philosophy and theory (including constitutional theory) more specifically we have been witnessing a paradigmatic challenge of the conceptual foundations of moral constructivism and political liberalism. Although building on rather...
Persistent link: https://www.econbiz.de/10008469694
In this paper, I explore in a systematic manner the different components of the democratic legitimacy of the Union from … constitutional traditions of the member states, which lend democratic legitimacy to the whole European legal order. On the other hand …
Persistent link: https://www.econbiz.de/10005040531
production of international or global law. Thus questions about the legitimacy of global law and governance arise particularly …
Persistent link: https://www.econbiz.de/10008645015
Constitutional pluralism divides opinion. What makes it attractive to some in a globally connected world also accounts for the scepticism of others. Its allure lies in its ambition to square two ideas – ‘constitutionalism’ and ‘pluralism’ - typically understood as incompatible....
Persistent link: https://www.econbiz.de/10008611205
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...
Persistent link: https://www.econbiz.de/10008803020