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This paper considers the need for granting the European Union a genuine power to tax. The argument is developed in several steps. It is shown that the granting of such a power to tax is both legally mandated and legally framed. In stark contrast to classical international organizations, or for...
Persistent link: https://www.econbiz.de/10012771973
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/10010862194
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/10010862196
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/10010862205
This working paper offers a reconstruction and critical analysis of Joerges’ conflicts theory of European Union law. It is claimed that the theory of European conflicts is structured around three key premises: first, that there are functional and normative reasons to transcend the autarchic...
Persistent link: https://www.econbiz.de/10010862206
This working paper offers a reconstruction and critical analysis of Joerges’ conflicts theory of European Union law. It is claimed that the theory of European conflicts is structured around three key premises: first, that there are functional and normative reasons to transcend the autarchic...
Persistent link: https://www.econbiz.de/10010862208
Persistent link: https://www.econbiz.de/10005234733
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