Showing 1 - 10 of 21
This paper puts forward the main elements of the theory of constitutional synthesis as a constitutional theory of European integration. Constitutional synthesis is both a political philosophy of European integration (which dilucidates what kind of polity the Union is an what is its basis of...
Persistent link: https://www.econbiz.de/10010862196
This paper shows that the main pattern of European democratisation has unfolded along the lines of an EU organised as a multilevel system of representative parliamentary government and not as a system of deliberative governance as the transnationalists propound. But the multilevel EU has...
Persistent link: https://www.econbiz.de/10010862201
How can the EU rectify its legitimacy deficit? On the basis of three logics of political integration we identify explicit strategies for how the legitimacy deficit of the EU can be remedied. The first strategy amounts to a scaling down of the ambitions of the polity-makers in the EU. If pursued...
Persistent link: https://www.econbiz.de/10005040208
The purpose of this paper is to shed light on the type of allegiance that the Charter of Fundamental Rights of the European Union is based on. Charters as Bills of Rights establish or entrench fundamental rights, democracy and the rule of law, and the relevant sense of allegiance and attachment...
Persistent link: https://www.econbiz.de/10005040231
Persistent link: https://www.econbiz.de/10005040268
Laeken has ushered in the first continent-wide debate, on the issue of a European constitution. An important question is whether this amounts to Europe’s constitutional moment in a critical normative sense. To address this we first distil out five core lessons from the Laeken experience. This...
Persistent link: https://www.econbiz.de/10005040292
The European Union is presently at a major crossroads. The Laeken process which launched the EU onto an explicit constitution-making process, has ground to a halt after the negative referendum results in France and the Netherlands. The European Council at its 16-17 June 2005 meeting decided to...
Persistent link: https://www.econbiz.de/10005040309
This article discusses the question of the EU's uniqueness. This issue is of particular importance when considered in relation to the nation-state. Uniqueness can then be considered as a case of departure from or transformation of the nation-state. The EU has emerged with a complex mixture of...
Persistent link: https://www.econbiz.de/10005040312
The EU is often labelled a unique entity. This assertion is more the product of assessments of its institutional character than on the nature of its social constituency, i.e. the structure of demands and expectations that citizens and groups place on the EU. Determining the character of the...
Persistent link: https://www.econbiz.de/10005040354
This paper examines the Convention on the Future of Europe in terms of whether its work bears the imprint of a constitutional treaty or a constitution proper. Two constitutional visions for the EU are presented - deep diversity and constitutional patriotism - and assessed in relation to the...
Persistent link: https://www.econbiz.de/10005040358