""

The third part of the Constitution for Europe has been submitted to hard criticism. The content of this part however, is indispensable to a Constitution of the European Union as it is a consolidation of the legal bases and institutional details which are necessary to the functioning of the EU....

Is it the case that the law, in order to be fully legitimate, must not only be adopted in a procedurally correct way but must also comply with certain substantive values? In the first part of the paper I prepare the ground for the discussion of legitimacy of democratic laws by considering the...

The defeat European constitutionalism has experienced in the French and the Dutch referendum has many reasons. The deficiency this contribution addresses is the lack of sensitivity for the historical dimensions of the integration project in general and the darker legacies of law in particular....

This paper claims that the intuitive and widespread legitimating power of majority rule (MR)arises from the link between majority rule and the principle of equality of political opportunity. The egalitarian character of MR is established by exploring puzzles indemocratic theory, such as the...

There are good reasons to expect that the process of European integration might bring about a renaissance of comparative law and private international law, the two disciplines, in which Herbert Bernstein had excelled in the New and the Old World. To be sure, Europe’s legal systems must respond...

The changes of the European regulatory space propose new questions concerning the identity and the liability of regulators. The increasing use of self-regulation, co-regulation and delegated self-regulation in different fields have empowered private regulators. They have been playing an...

This paper examines the main questions raised by the accession of the European Union to the Revised European Social Charter, under the new architecture of the Union provided by the Treaty establishing a European Constitution. The paper is divided in five parts. The historical background is...

The paper analyses the relationship between administrative and judicial enforcement in Consumer Protection. It first sets out the European state of development with regard to injunctions, thereby focusing on the different models of the European group actions and the regulation of standing, as...

This working paper explores issues of security integration in a number of external policies of the European Union (EU), and looks at both security policies per se and the security rationale contained in other policy contexts. Following a twin-track approach of presenting both a legal and a...