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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
In this essay, it is argued that legal and political argument on the European constitution requires putting forward a normative conception of the constitution. Next to the formal and material understandings of the constitution, there is a need for a conception that determines the legitimacy...
Persistent link: https://www.econbiz.de/10005040341
Joseph Weiler's Un'Europa Cristiana argues that there should be an explicit reference to the Christian roots of European identity in the Preamble of an eventual European Constitution. Such a claim requires discussing the groundings of European identity, its relation with personal and collective...
Persistent link: https://www.econbiz.de/10005040360
Our aim in this article is to consider whether the Union’s deliberation over and decision-making on constitutional norms, can contribute to render it more democratic. From a normative perspective, the way a constitution is forged has deep implications for its democratic legitimacy. In light of...
Persistent link: https://www.econbiz.de/10005040406
Persistent link: https://www.econbiz.de/10008788706
How can sociology contribute to the understanding of the social and political transformations that are affecting contemporary Europe? The article proposes that sociological accounts of European integration should focus around the basic problem of internal differentiation and external adaptation...
Persistent link: https://www.econbiz.de/10005040207
After consecutive treaty amendments during the 1990s, the EU looks set for a conclusive revision through the process embodied by the Convention. Is the EU approaching what Joscka Fischer has coined the finality of European integration? This paper discusses the prelimininary results as well as...
Persistent link: https://www.econbiz.de/10005040235
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
In this paper, the constitution making process in Europe is assessed with emphasis on incorporating the Charter of Fundamental Rights. Is the Charter a means to reduce the democratic deficit even if it does not fully comply with the notion of people-made law? The EU establishes post-national...
Persistent link: https://www.econbiz.de/10005040319
It is a commonplace to argue that democracies require constitutional rules in order to function well; in particular, such rules facilitate conflict resolution and secure a civilized co-existence. Democratic governance signifies an ability to purposefully shape political and social life;...
Persistent link: https://www.econbiz.de/10005040327