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Persistent link: https://www.econbiz.de/10005234733
In this paper, I explore in a systematic manner the different components of the democratic legitimacy of the Union from the standpoint of deliberative democratic theory. Contrary to standard accounts, I claim that the question must be disaggregated, given that the Union has not only several...
Persistent link: https://www.econbiz.de/10014222283
This article aims at exploring the legal status and policy implications of the Charter of Fundamental Rights of the European Union. It is argued that the Charter has legal value, despite the fact that it has not been incorporated into Community law. This is so to the extent that it consolidates...
Persistent link: https://www.econbiz.de/10014109388
Martínez Sala and Bambaust have become the leading cases on free movement of persons in Community law. It has become standard to see both rulings as heralding a ‘civic’ turn of European integration, by expanding the personal scope of the freedom of personal movement from workers to...
Persistent link: https://www.econbiz.de/10005040504
In this paper, I explore in a systematic manner the different components of the democratic legitimacy of the Union from the standpoint of deliberative democratic theory. Contrary to standard accounts, I claim that the question must be disaggregated, given that the Union has not only several...
Persistent link: https://www.econbiz.de/10005040531
This paper explores how and to what extent it is possible to contribute to the democratisation of the European political order by means of modifying the ways in which taxes are deliberated upon, decided and collected in the old continent. In the first part, the author elucidates the particular...
Persistent link: https://www.econbiz.de/10005040539
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/10008754936
Persistent link: https://www.econbiz.de/10008788706
This paper aims at putting forward the key elements of a constitutional theory of European law on the basis of D. Neil MacCormick’s theory of European constitutional pluralism. Firstly, I consider how the institutional theory of law fleshed out by MacCormick creates the theoretical space...
Persistent link: https://www.econbiz.de/10008803020
Persistent link: https://www.econbiz.de/10011032354