Establishment of the EEA with a court for the EFTA Countries ten years ago gives an opportunity to examine more facets of interrelations between courts and legal orders of different jurisdictions. The EEA differs from the Community legal order in that it is constructed as an agreement under...

In this article, I outline an analytical framework allowing for an assessment of the democratic legitimacy of the decision-making system of the EU’s second pillar with reference to five criteria. The criteria are developed on the basis of a discoursetheoretical reading of a deliberative...

Europeans currently reflect on how to express and promote human rights and solidarity in their common institutions in the new Constitutional Treaty now facing ratification. What is the scope of toleration towards states that violate human rights, within and beyond its borders? And what is the...

This article argues that a key to the influence of the EU in foreign policy is its consistent basis for the latter in terms of the legitmacy of human rights in current international affairs. Humanrights norms today carry both normative power in a public discourse on foreign policy, and they are...

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...

What kind of democracy does the EU require and what model of deliberative democracy can account for post-national legitimacy? The author contends that democracy can only prevail with egalitarian procedures of law making in place through which the citizens can influence the laws that affect them....

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...

The Constitutional Treaty of the European Union cannot be said to be a Constitution in the same sense that the term is generally used in most European countries. It is not a Constitution in the same sense that the German, Italian or Czech constitutions. This is mainly so because neither the...

The state’s mode of existence is still a problem to political science analysis. How can we decide if a political order (for example the EU) is a state or not? This paper discusses the ontological quality of the state and what follows from that to its analysis. It is suggested to view the state...