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...

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...

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...

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...

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 paper considers the need for granting the European Union a genuine power to tax. The argument is developed in several steps. First, it is shown that the granting of such a power to tax is both legally mandated and legally framed . In stark contrast to classical international organisations,...

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...