The use of one and the same word, i.e. Justice in the English or French language to render the two concepts of Gerechtigkeit when the issue is about equitability or fairness in social relations, and of Justiz when the issue is about the administration of justice often leads lawyers to overlook...

The language of common European constitutional identity is distinguishable from that of common European constitutional traditions in that the former does not focus so centrally on the past, and is independent of the legal doctrinal language of the EU law. When discussing constitutional identity,...

This paper sets out to examine the prospects for EU constitutionalism in the light of the protracted and perhaps insuperable difficulties surrounding the ratification of the 2004 Constitutional Treaty. It argues that these difficulties simply reinforce the need for thinking about the EU's...

Issues concerning the disposition of power as between the major EU institutions were among the most contentious during the debates in the Convention on the Future of Europe. This paper analyses these issues in political and legal terms. The discussion begins with the process employed in the...

This paper considers the dynamics of migration of constitutional ideas in the context of the gradually "constitutionalizing" EU, and in particular the advent of a first documentary Constitution shape new (and as yet unratified) Constitutional Treaty 2004. normal, profound, complexities tracking...

This paper examines the explicit linkage in the recent work of Habermas betweencosmopolitanism and the constitutionalization of international law. Whereas previous thinking on the constitutionalization of international law has tended either towards the utopianism of world government or the...

Joschka Fischer's well-known speech at the Humboldt University on 12 May 2000 marked the start of a wide-ranging and unprecedented debate on the future of Europe. Subsequent developments have led us from the Nice and Laeken declarations to the establishment of a 105 members comprising Convention...

Europe continues to search for its – 'European' – social model and the, search seems to become increasingly urgent. It is no longer just the 'democratic deficit', but also and alongside it, the 'social deficit' of the EU which needs to be cured. That new concern is, in fact, a rejection of...

The recent research on EU’s role in democratization in the post-communist world has been primarily concerned with its new member states of Central and Eastern Europe, as well as the prospective member states. A great deal of knowledge is now available on EU’s impact on members or prospective...