scholarly journals Why Europe Does not Need a Constitution: On the Limits of Constituent Power as a Tool for Democratization

Res Publica ◽  
2021 ◽  
Author(s):  
Aliénor Ballangé
Keyword(s):  
European Union ◽  
European Integration ◽  
Democratic Participation ◽  
Democratic Deficit ◽  
The European Union ◽  
Constituent Power ◽  
Bottom Up ◽  
Cautious Approach ◽  
Theoretical Hypothesis ◽  
The Eu

AbstractIn this article, I question the use of the notion of ‘constituent power’ as a tool for the democratization of the European Union (EU). Rather than seeing the absence of a transnational constituent power as a cause of the EU’s ‘democratic deficit’, I identify it as an opportunity for unfettered democratic participation. Against the reification of power-in-action into a power-constituted-in-law, I argue that the democratization of the EU can only be achieved through the multiplication of ‘constituent moments’. I begin by deconstructing the normative justifications surrounding the concept of constituent power. Here I analyze the structural aporia of constituent power and question the autonomous and emancipatory dimension of this notion. I then test the theoretical hypothesis of this structural aporia of the popular constituent power by comparing it with the historical experiments of a European popular constituent power. Finally, based on these theoretical and empirical observations, I propose to replace the ambivalence of the concept of popular constituent power with a more cautious approach to the bottom-up democratization of European integration: that of a multiplication of transnational constituent moments.

Constituent Power in the European Union

2020 ◽  
Author(s):  
Markus Patberg
Keyword(s):  
European Union ◽  
European Integration ◽  
National Level ◽  
The European Union ◽  
Constitutional Treaty ◽  
Constituent Power ◽  
Constitutional Politics ◽  
Competing Models ◽  
The Right ◽  
The Eu

The European Union (EU) has been through almost two decades of near-constant constitutional crisis. The failure of the Constitutional Treaty was followed in quick succession by the struggles about the Lisbon Treaty, the Eurozone emergency, Brexit, and, recently, Corona-crisis-induced conflicts about financial solidarity. Over the course of these events, it has become clear that the EU’s constitutional development largely evades popular control. At the same time, the EU faces increasing politicization from below. While Eurosceptic forces seek to ‘take back control’ at the national level, pro-European citizens challenge the role of the states as the ‘masters of the treaties’. They reclaim what—in their view—has been illegitimately withheld from them: the right to shape the EU polity. This book advances the argument that these developments prompt the need for a theory of constituent power in the EU. The reason why European integration eludes citizen control and meets with growing discontent is that it allows constituted powers to operate as de facto constituent powers. Starting from claims to founding authority articulated in public narratives, the book explores competing models of constituent power in the EU—regional cosmopolitanism, demoi-cracy, split popular sovereignty, and destituent power—revealing their respective strengths and weaknesses. Rationally reconstructing established democratic practices of EU constitutional politics, it develops a new theory of constituent power in the EU. Addressing questions of the adequate conceptualization, allocation, agency, and institutionalization of constituent power, the book opens up the prospect of a more democratic mode of European integration.

scholarly journals Construcción política de la Unión Europea y poder constituyente = Politic construction of the European Union and the constituent power

2013 ◽  
pp. 309
Author(s):  
Gaëlle Marti
Keyword(s):  
European Union ◽  
European Integration ◽  
The State ◽  
The European Union ◽  
Constituent Power ◽  
European Constitution ◽  
Nation States ◽  
European Court ◽  
Combined Action ◽  
The Eu

Este trabajo tiene como objetivo analizar el uso del concepto de «poder constituyente» en el contexto de la integración europea. La tesis es que el poder constituyente es el «olvidado» de la integración europea, ya que este ordenamiento jurídico se construyó y adquirió una dimensión política y constitucional sin ninguna acción atribuible a un demos europeo. De hecho, es bajo la acción combinada de los Estados miembros (como «señores de los Tratados») y de las instituciones europeas (especialmente el Tribunal Europeo de Justicia) que el proceso de «constitutionnalization» se ha desarrollado endógena. Por lo general, se sostiene que la falta de «poder constituyente», ilustra el hecho de que la UE aún no ha cruzado el «umbral de estado», ya que este concepto se formó históricamente en el marco del Estado-nación. Sin embargo, creemos que el desalojo del concepto de poder constituyente no es una necesidad teórica, sino que es fruto de una decisión política, debido al temor de que la adopción de una Constitución europea por un pueblo europeo pudiera dar lugar a la desaparición de los estados. Sin embargo, creemos que no hay necesidad conceptual de limitar el concepto de poder constituyente en el ámbito estatal. En otras palabras, se supone que el concepto de poder constituyente puede ser incorporada en el ámbito europeo y, por otra parte, que esta perspectiva podría ser esencial en la vista de la reducción de la «déficit democrático» de la Unión Europea. El modelo de la «Federación de Estados» se podría utilizar para esbozar un poder constituyente europeo respetuoso de la existencia de la nación-estado.This paper aims at analyzing the use of the concept of «constituent power» in the context of European integration. The thesis is that the constituent power is the «forgotten» of European integration, since this legal order was built and acquired a political and constitutional dimension without any action attributable to an European demos. Indeed, it is under the combined action of the member States (as «masters of the Treaties») and of European institutions (especially the European Court of justice) that the process of «constitutionnalization» has developed itself endogenously. It is generally argued that the lack of «constituent power» illustrates the fact that the EU has not yet crossed the «state threshold», since this concept was historically shaped within the nation-state framework. However, we believe that the eviction of the concept of constituent power is not a theoretical necessity but that it stems from a political choice, due to the fear that the adoption of a European constitution by a European people could result in the disappearance of the states. However, we think that there is no conceptual need to limit the concept of constituent power to the state field. In other words, we assume that the concept of constituent power could be transposed into the European field and, moreover, that this prospect could be essential in the view of bridging the «democratic deficit» of the European Union. The model of the «Federation of States» could be used to sketch a European constituent power respectful of the existence of the nation-states.

Integracja w dezintegracji i dezintegracja w integracji: determinanty mechanizmów integracyjnych w Unii Europejskiej

2018 ◽  
pp. 10-37
Author(s):  
Barbara Curyło
Keyword(s):  
European Union ◽  
The European Union ◽  
Top Down ◽  
Modus Operandi ◽  
Bottom Up ◽  
Differentiated Integration ◽  
Integration Mechanisms ◽  
Strategic Issue ◽  
Definition Of ◽  
The Eu

In the discussion on the future of the EU, the topic of differentiated integration has become a strategic issue, with different variants beginning to appear as modus operandi of the European Union, which has become a subject of controversy among Member States. Significantly, the debate on differentiated integration began to be accompanied by reflections on disintegration. This article attempts to define disintegration on the assumption that it should be defined through the prism of integration, and that such a defining process can not be limited to concluding a one-way contrast between disintegration versus integration and vice versa. This is due to the assumption that the European Union is a dichotomous construct in which integration and disintegration mutually exclude and complement each other. This dichotomy is most evident in the definition of integration and disintegration through the prism of Europeanisation top-down and bottom-up processes that generate, reveal, visualize, stimulate integration mechanisms what allows to diagnose their determinants.

'Poland Has Always Been in Europe'

2011 ◽  
Vol 20 (2) ◽  
pp. 21-42 ◽  
Author(s):  
Marysia Galbraith
Keyword(s):  
European Union ◽  
European Integration ◽  
The European Union ◽  
Economic Interests ◽  
Careful Observation ◽  
Meaningful Engagement ◽  
Global Imaginary ◽  
European Union Studies ◽  
The Eu ◽  
National Borders

The paper explores ways in which individuals make use of the opportunities and resources provided by the European Union (EU), and how such instrumentalities can make the concept of Europe more salient for citizens. This is important to European Union studies generally because careful observation and analysis of everyday engagements can help to reveal the basis upon which the EU gains legitimacy, or, alternatively, the grounds for resistance to further integration. Through an examination of Poles' experiences of mobility, and their reflections about crossing national borders to work and travel, the paper shows that instrumentality is not just motivated by economic interests, but also by the desire to advance culturally, socially and symbolically within a global imaginary of hierarchically ranked nations. As such, support for European integration tends to weaken in situations where ongoing inequalities and exclusions lead to perceptions of social demotion. Further, instrumentalities can deepen meaningful engagement with the EU in ways that also reassert national loyalties.

scholarly journals State industrial policy in conditions European integration of Ukraine

2020 ◽  
Vol 45 (2) ◽  
pp. 146-153
Author(s):  
Valeriі Rіeznikov
Keyword(s):  
European Union ◽  
European Integration ◽  
Industrial Policy ◽  
Conformity Assessment ◽  
Industrial Complex ◽  
The European Union ◽  
Industrial Products ◽  
Market Surveillance ◽  
Mutual Recognition Agreement ◽  
The Eu

Since the beginning of 2020, there have been crisis phenomena around the world due to the global slowdown in economic growth and the introduction of quarantine due to the coronavirus pandemic. In this situation, the most vulnerable are developing countries with a small margin of safety, which, unfortunately, also applies to Ukraine, whose economy is open and highly dependent on external markets. Due to the slowdown in the growth of the global economy, the situation in one of the main export industries of Ukraine – industry is deteriorating first of all. The European Union has become one of the important export markets for Ukraine’s industrial products in recent years, which has raised the issue of shaping a relevant state industrial policy in today’s challenging environment. The purpose of the article is to determine the directions of formation and implementation of state industrial policy in the conditions of European integration of Ukraine in modern conditions. In 2020, due to the economic crisis and the pandemic of the coronavirus, the Ukrainian industry may lose even more due to low demand for ferrous metals in world markets, including in EU countries. The Agreement on Conformity Assessment and Acceptance of Industrial Products is a way of eliminating technical barriers to trade between Ukraine and the EU. The Agreement on Conformity Assessment and Acceptance of Industrial Products is a type of mutual recognition agreement that requires a partner country to align its legislation, practices and infrastructure with EU rules.It is envisaged that in the sectors covered by this Agreement, Ukrainian exporters will be able to label their products with the CE mark and to sell them freely on the EU market without additional EU certification. Potentially, the Agreement on Conformity Assessment and Acceptance of Industrial Products could cover up to a fifth of Ukraine’s exports to the EU, notably mechanical engineering products. The formation and implementation of state industrial policy in the conditions of European integration of Ukraine should take place using the following algorithm:1. Study of the new EU Regulation 2019/1020 of 20.06.2019 on market surveillance and conformity of products and elaboration of relevant amendments to the legislation of Ukraine.2. Concentration of the function of legal coordination of draft regulatory acts (including technical regulations) aimed at implementing the Association Agreement and preparation for the Agreement on Conformity Assessment and Acceptance of Industrial Products in one state instance, equipped with specialized personnel with adequate knowledge of EU law and languages.3. Strengthening the requirements for the accreditation and oversight process for accredited bodies, as well as the process of designating and monitoring conformity assessment bodies to ensure that their technical competence is adequate and to prevent fraud and the use of fraudulent practices.4. In the absence of a rapid prospect of concluding an Agreement on Conformity Assessment and Acceptance of Industrial Products, the harmonization of procedures and requirements that are too burdensome for exporters and importers, first and foremost.5. Paying particular attention to capacity building of state market surveillance authorities.6. Raising awareness of business entities and enhancing the role of business associations in raising such awareness.7. Increasing the EU’s interest in providing Ukraine with effective technical assistance for the development of legislation and the proper functioning of quality infrastructure and market surveillance authorities. Introduce the position of Deputy Prime Minister for Industry and launch support programs for the real economy. Thus, Ukraine’s further integration with the European Union is largely linked to the formulation and implementation of relevant industrial policy, which should be to continue reforming all sectors of the economy, in particular, to modernize the industrial complex. And the signing of the Agreement on Conformity Assessment and Acceptance of Industrial Products in the three priority sectors («industrial visa waiver») in the medium term should become one of the main foreign economic priorities of Ukraine’s European integration in the face of the current challenges of today.

scholarly journals Divergence of romano-germanic and anglo-american legal systems on the example of brexit

2020 ◽  
pp. 144-153
Author(s):  
Tetjana Humeniuk
Keyword(s):  
European Union ◽  
European Integration ◽  
Practical Importance ◽  
Mutual Transformation ◽  
Eu Law ◽  
Legal Systems ◽  
The European Union ◽  
Political Processes ◽  
Anglo American ◽  
The Eu

Purpose. The purpose of the article is to analyze topical issues of divergence of the Romano-Germanic and Anglo-American legal systems on the example of Brexit. Methodology. The methodology involves a comprehensive study of theoretical and practical material on this subject, as well as formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used in the research process: dialectical, terminological, formal and logical, comparative and legal, system and functional methods. Results. The study found that an important role in resolving conflicts between EU law and UK national law was played by the Court of Justice of the European Union which declared British legislation invalid since it was not in line with EU law. Thanks to the case law of the CJEU and the national courts of the United Kingdom, it has been possible to adjust and harmonize the interaction between EU law and the national law of this country. As European integration is formed on the basis of a supreme legal force created by external (supranational) bodies, the national bodies that form the national rules of British law inevitably give up part of their powers in favor of EU law. Brexit is just the beginning of a long series of problematic issues that will arise in the EU as a result of member states’ more or less serious objections to a radical course to deepen European integration. And under such conditions, there is a widespread understanding that finding clear and effective answers to new challenges requires finding new conceptual (and most importantly, effective) approaches to the future functioning of the EU, as old mechanisms and methods no longer work properly and do not resolve contradictions spreading and becoming more acute. Scientific novelty. The study shows that the withdrawal of Britain from the European Union initiates a large-scale process of mutual transformation of the legal systems of both parties, the effectiveness of which will be determined by the realities of European geopolitical environment as well as domestic political processes within Great Britain itself. Practical importance. Research materials can be used for comparative law studies.

scholarly journals Integration of Republica Moldova to the EU: Real Conditions and Perspectives (the 1990ʼs of the 20th – early of the 21st century)

2018 ◽  
pp. 287-295
Author(s):  
Halyna Melnychuk
Keyword(s):  
European Union ◽  
European Integration ◽  
Political Development ◽  
Cultural Integration ◽  
The European Union ◽  
Association Agreement ◽  
Republic Of Moldova ◽  
Existing Problems ◽  
The Republic ◽  
The Eu

This article presents important steps and achievements accomplished by the Republic of Moldova towards integration, by analysing its collaboration with the European Union.  The development of relations with the EU is the priority goal that Moldova strives for, which means not only economic, but also political and cultural integration.  The first steps of the Republic of Moldova towards the EU were encouraging.  After years of isolation, this process was difficult and required a lot of efforts.  This is due to many reasons, the most important of which are Russia's political and economic pressure, theunresolved issue in Transnistria, the ideological and geopolitical schisms of the population, some of which see their future with Russia, and the other part with Europe.  Despite the existing problems, cooperation with the EU has yielded tangible results: the EU-Moldova Association Agreement has been signed, the visa regime has been abolished and financial support for the socioeconomic and public sectors is provided.  Moldova, for its part, is making great efforts to form a single political, economic and cultural educational space with the EU, which supports its efforts in the process of European integration.  Its speed and success largely depend on the country itself, its economic and political development.  A strong statepolicymaking aimed at strengthening reforms and stimulating the transition to a market economy in accordance with the international principles is inherent in the future development of Moldova. Keywords: Republic of Moldova, European Union,European Integration, foreign policy, Transniestrian conflict

scholarly journals Constituent power, citizenship, and the European Union

2021 ◽  
Author(s):  
◽  
James Gallagher
Keyword(s):  
European Union ◽  
Participatory Democracy ◽  
Legal Framework ◽  
Citizen Involvement ◽  
Official Journal ◽  
The European Union ◽  
Constituent Power ◽  
Member States ◽  
Treaty Of Lisbon ◽  
The Eu

<p>The European Union (EU) has undergone constant political and economic integration since its inception in 1952. It has developed from a community in the aftermath of World War Two, into a Union of diverse states with its own political and legal system. It is the best example of international integration and co-operation in the world.  A number of treaties represent the primary law of the EU. The treaties represent the EU’s commitment to promote human rights, freedom, democracy, equality, and the rule of law. The Treaty of Lisbon¹ was introduced and adopted by the Member States to increase participatory democracy within the EU. Originally called the Reform Treaty, it amended the existing EU and EC treaties, providing the EU with the legal framework to meet the future challenges and to respond to the increasing demands of the citizens’ for a more transparent and open institution.  The European Parliament is the only directly elected institution of the EU, and traditionally had the least amount of power of the EU institutions. The Lisbon Treaty attempted to address the so-called democratic deficit through a range of institutional reforms that recognised the importance of European citizen involvement in the EU. Citizen involvement in the EU has also been increased through the implementation of the European Citizens’ Initiative (ECI). The ECI represents a further step towards the EU becoming a true participatory democracy.  This purpose of this paper is to critically assess the democratic involvement of European citizens in the operation of the EU, and how the constitutional foundation of the EU provides for this involvement. The paper will seek to answer to what extent European Citizens’ have the ability to affect real and meaningful change upon the EU, a power that currently sits with the governments of Member States.  Democracy is often associated with the power of the citizens to affect change in the institutions that govern them. The theory of constituent power goes one step further and argues that it gives citizens the ability to alter not only the governing institutions, but the also the power that those institutions exercise. This begins with an introduction of the main institutions of the EU, before moving to discuss the theory of constituent power, before assessing what factors would be necessary for constitutent power to be successful in the EU.  ¹ Official Journal of the European Union 2007 No C 306/1 (herein after referred to as the Treaty of Lisbon). Adopted 2008, entered into force 1 December 2009.</p>

scholarly journals Wpływ wyjścia Zjednoczonego Królestwa z Unii Europejskiej na wspólną politykę bezpieczeństwa i obrony UE

2018 ◽  
Vol 1 (1) ◽  
pp. 103-122 ◽  
Author(s):  
Tomasz Kubin
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Integration ◽  
Research Question ◽  
The European Union ◽  
The United Kingdom ◽  
Defence Policy ◽  
The Uk ◽  
The Eu ◽  
Common Security

The exit of the United Kingdom from the European Union (so-called Brexit) is one of the most important events in the process of European integration. It has a lot of extremely remarkable implications – both for the EU and for the United Kingdom. Among other, Brexit will affect the security of the United Kingdom and the EU. The aim of the study is to answer the research question: how will Britain’s exit from the EU influence the EU common security and defence policy? In order to answer this question, the factors that are most relevant to the United Kingdom’s significance for the EU’s security and defence policy will be identified. This will show how the EU’s potential of the security and defence policy will change, when the UK leaves this organisation. The most important conclusions are included in the summary.

The EU’s Stealthy Hegemony and Ambiguous Neighbors

2021 ◽  
Vol 120 (824) ◽  
pp. 112-117
Author(s):  
Alexander Clarkson
Keyword(s):  
European Union ◽  
Northern Ireland ◽  
European Integration ◽  
The State ◽  
Political Control ◽  
The Political ◽  
The European Union ◽  
The Impact ◽  
The Eu

European integration based on a supranational form of pooled sovereignty has taken on increasingly state-like qualities. With every move toward absorbing additional members, the European Union system has expanded its geographic reach. The state-like power of the EU is apparent in the impact its integration processes have had in societies just outside its borders. Its growing influence is most notable in misfit border territories, from Kaliningrad to Transnistria, and from Cyprus to Northern Ireland, that are tenuously under the political control of neighboring geopolitical powers.

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