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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
The Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG) removes the unanimity requirement for entry into force. This innovation is possible because, technically, the TSCG I not an EU Treaty. It is not constructed as a reform of the EU Treaties following...
Persistent link: https://www.econbiz.de/10009492800
Constitutional pluralism divides opinion. What makes it attractive to some in a globally connected world also accounts for the scepticism of others. Its allure lies in its ambition to square two ideas – ‘constitutionalism’ and ‘pluralism’ - typically understood as incompatible....
Persistent link: https://www.econbiz.de/10008611205
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
Constitutionalism beyond the state is a deeply contested project. The emergence of global governance and global laws that directly affect individuals and regulate the conduct of states toward their own citizens raise questions about the basic hierarchy of authority among states, regional bodies...
Persistent link: https://www.econbiz.de/10008645015