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The paper deals with certain questions and problems of the constitutionalization of the European Union which did not receive very much attention from the Convention on the Future of Europe and from the observers of that Conventions work, but which, nevertheless, may be relevant whenever the...
Persistent link: https://www.econbiz.de/10004969254
In this paper the relationship between constitution and state is analysed. The EU's constitutional structure is evaluated according to three ideas of constitutionalism: the evolutionary or functionalist idea; the power-binding idea; and the power-establishing or revolutionary idea. It is found that...
Persistent link: https://www.econbiz.de/10005040347
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
risks of erosion implied by constitutional pluralism, while also enhancing the legitimacy of the European polity. This can …
Persistent link: https://www.econbiz.de/10004969269
that gave the Convention its mandate) has managed to come up with a solution to the EUs legitimacy deficit. My focus here …, transformative, and moral. Each strategy is developed so as to yield a diagnosis of the EUs legitimacy deficit, which serves as a …
Persistent link: https://www.econbiz.de/10005040455
legitimacy which implied a strong engagement of the public, the reception of constitutionalisation in the press did not result in …
Persistent link: https://www.econbiz.de/10005029558
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
The use of one and the same word, i.e. Justice in the English or French language to render the two concepts of Gerechtigkeit when the issue is about equitability or fairness in social relations, and of Justiz when the issue is about the administration of justice often leads lawyers to overlook...
Persistent link: https://www.econbiz.de/10005017323
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
This paper examines the Convention on the Future of Europe in terms of whether its work bears the imprint of a constitutional treaty or a constitution proper. Two constitutional visions for the EU are presented - deep diversity and constitutional patriotism - and assessed in relation to the...
Persistent link: https://www.econbiz.de/10005040358