scholarly journals The Idea of Discursive Constituent Power

Jus Cogens ◽  
2021 ◽  
Author(s):  
Massimo Fichera
Keyword(s):  
European Integration ◽  
Free Movement ◽  
Constituent Power ◽  
European Project ◽  
Early Stages ◽  
Political Morality ◽  
Advanced Stages ◽  
State Of Affairs ◽  
Over Time ◽  
The Eu

AbstractThe question addressed by this article is whether a form of constituent power exists at the EU level. It is argued that European integration has not suppressed the idea of people as constituent power. Instead, the idea of ‘people’ has been constructed through the discourses of security and rights. Ever since the early stages of European integration, the security and rights discourses have consisted in the articulation of a meta-constitutional rationale, which is here called the ‘security of the European project’, i.e. a form of political morality that is pursued by the EU as a polity over time and aims at its own survival. Security and rights discourses have contributed to constructing two ideas of ‘people-as-constituent-power’. The first idea is that of ‘mobile people’, i.e. people exercising EU free movement rights. The second idea is that of ‘peoples’ in the plural, conceived as States and citizens at the same time. Nevertheless, these discourses are characterised by a certain degree of ambiguity and have been unrolling as if the development of the EU polity was a mere technical, neutral matter. This state of affairs cannot continue: the European project has always been a political project, and, as integration reaches its more advanced stages, the time has come to disclose its political nature and address conflict openly.

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.

The German Länder: From Milieu-Shaping to Territorial Politics

2003 ◽  
Author(s):  
Charlie Jeffery
Keyword(s):  
Decision Making ◽  
Member State ◽  
European Integration ◽  
Decision Making Process ◽  
Post Cold War ◽  
Collective Rights ◽  
German Länder ◽  
Territorial Politics ◽  
Over Time ◽  
The Eu

This chapter looks at Europeanization through the lens of how the German Länder have responded to challenges posed by European integration since 1985. It does this by conceiving of ‘Europeanization’ as a two-way process in which the EU imposes adaptational pressures on, but is also subject to adaptational pressures from, the Länder. The chapter also uses the timescale of fifteen years to explore the dynamics of Europeanization. It finds that the Länder have persistently sought to minimize any perceived ‘misfit’ between the EU decision-making process and their domestic role as constituent units of the German federation. The nature of the misfit, and ideas on its resolution, have, however, changed over time as both the EU and Germany have adapted to the post-Cold War era. An initial concern for winning collective rights of access to a deepening EU is now being supplanted by a concern to protect individual Länder autonomy within the framework of the German member state from what is increasingly perceived as an unnecessarily interventionist EU.

Why Constituent Power?

2020 ◽  
pp. 17-40
Author(s):  
Markus Patberg
Keyword(s):  
European Integration ◽  
Legal Order ◽  
Constituent Power ◽  
Constitutional Development ◽  
Popular Participation ◽  
Constitutional Politics ◽  
Political Autonomy ◽  
Methodological Challenges ◽  
The Eu ◽  
Popular Control

This chapter addresses the question of why a theory of constituent power in the EU is needed. While the EU has long since taken on a constitutional character, this is in no way reflected in adequate popular participation in decisions about its basic legal order. The EU is shaped through a combination of intergovernmental treaty making and integration through law that sidelines citizens. Constitutional mutation further decouples the EU’s constitutional development from popular control and shields fundamental decisions from democratic contestation. To capture the legitimacy gap that opens up here, the chapter introduces an understanding of constituent power as political autonomy at the level of constitutional politics. It argues that European integration is based on a usurpation, with constituted powers operating as de facto constituent powers. As executives and courts shape the EU in a largely self-referential manner, citizens are deprived of a crucial dimension of political autonomy. The chapter concludes with preliminary considerations on a theory of constituent power in the EU, addressing substantive and methodological challenges involved in its elaboration, as well as possible objections to the project as such.

14. Europeanization, Euroscepticism, and Politicization in Party Politics

2020 ◽  
pp. 331-353
Author(s):  
Paul Taggart
Keyword(s):  
European Integration ◽  
Domestic Politics ◽  
Party Systems ◽  
Party Politics ◽  
Member States ◽  
History Of ◽  
Over Time ◽  
The Eu

The development of European integration has meant that member states have experienced Europeanization and as a consequence the EU has become a more politicized issue in domestic politics. Politicization has come over time and as a consequence of the decline of a permissive consensus and takes some very different forms. The chapter considers the place of the domestic politicization of European integration in theories of European integration and then reviews different periods of the history of European integration, highlighting the growing phenomena of Europeanization and politicization. The chapter then looks at Euroscepticism and its meaning and different forms and identifying which parties can currently be identified as Eurosceptic and what issues Euroscepticism blends with in different member states. The chapter then offers a typology for understanding the different ways in which the politicization of European integration plays out in the party systems of member states.

Public Opinion in European Union Politics

2020 ◽  
Author(s):  
Catherine E. De Vries
Keyword(s):  
European Union ◽  
Public Opinion ◽  
European Integration ◽  
Voting Behavior ◽  
Domestic Politics ◽  
Public Support ◽  
Minor Importance ◽  
European Project ◽  
The Future ◽  
The Eu

Public contestation regarding European integration is becoming increasingly important for the future of the European project. While traditionally European Union (EU) scholars deemed public opinion of minor importance for the process of European integration, public support and scepticism is now seen as crucial for the survival of the European project. One important reason for this change in perspective is the increasing politicization of the EU in domestic politics. In recent years, a burgeoning literature on public contestation concerning European integration has developed. Students of public opinion in the EU have primarily focused their attention on the explanations of fluctuations in support and scepticism. This work stresses both interest- and identity-based explanations showing that support for European integration increases with skill levels and more inclusive identities. Less attention has been given to the conceptualization of the precise nature of public opinion and its role in EU politics. When it comes to the politicization of European integration and its effects on public opinion, many scholarly contributions have aimed to explore the conditions under which EU attitudes affect voting behavior in elections and referendums. Yet, the way in which public opinion affects policy making and responsiveness at the EU level has received much less scholarly attention. This suggests that more work needs to be undertaken to understand the conditions under which public contestation of the EU constrains the room to maneuver of domestic and European elites at the EU level, and the extent to which it poses a challenge to, or opportunity for, further integrative steps in Europe. Only by gaining a better understanding about the ways public opinion limits the actions of domestic and European elites or not at the EU level, will scholars be able to make predictions about how public opinion might affect the future of the European project.

Solidarity and European Union Politics

2019 ◽  
Author(s):  
Andreas Grimmel
Keyword(s):  
European Union ◽  
European Integration ◽  
Political Science ◽  
Subject Matter ◽  
Fundamental Rights ◽  
Central Value ◽  
Charter Of Fundamental Rights ◽  
Common Understanding ◽  
Over Time ◽  
The Eu

Solidarity is one of most contentious and contested concepts in European Union (EU) politics. At the same time, it was, and remains, a central value of European integration that has been more and more institutionalized over time. The numerous codifications in the EU treaties and the Charter of Fundamental Rights, along with the increasingly frequent references to the value in political declarations and decisions, prove the value’s growing significance. Yet, there also exists a fundamental divide between rhetorical commitments to solidarity and the practice of the EU and its member states. The most recent crises of the EU have shown the instrumentality and strategic use of the concept in order to promote particular political positions rather than work toward a more common understanding of European solidarity. This makes the application of solidarity in the EU a question not just of arriving at definitional clarity, but also of developing practices that reflect solidarity in concrete cases. Such practices are inextricably linked with three grounds for action: voluntariness, selflessness, and identification. Despite, or precisely because of, these difficulties in defining, concertizing, and implementing solidarity as a European value, there is a rising interest in solidarity in various fields of studies, such as political science, sociology, philosophy, law, and history, making it an interdisciplinary and multidimensional subject matter.

Brexit and Euroskepticism

2017 ◽  
Author(s):  
Marlene Wind
Keyword(s):  
European Integration ◽  
World Order ◽  
First Century ◽  
Right Wing ◽  
Member States ◽  
Sovereign State ◽  
The Past ◽  
European Project ◽  
Right Wing Populism ◽  
The Eu

Doomsdays preachers suggested that Brexit and Trump would mean the end of the liberal world order as we know it and thus the end of the EU. The research presented here suggests the opposite. Not only have Europeans turned their back to populism by voting yes to reforms and pro-EU-parties and governments in different member states over the past months, but Brexit and Trump also seems to have given a complete new momentum to the European project. This chapter demonstrates why Brexit cannot be generalized to the rest of the continent but is the result of a complicated and special British conception of what it means to be a sovereign state in the twenty-first century. Moreover, and paradoxically, surveys show that the greatest fear among Europeans today is not more European integration but right wing populism and European disunion.

Demoi-cratic Constituent Power

2020 ◽  
pp. 87-104
Author(s):  
Markus Patberg
Keyword(s):  
European Integration ◽  
Political System ◽  
Theoretical Framework ◽  
The Political ◽  
Constituent Power ◽  
Constitutional Politics ◽  
The Public ◽  
Cross Border ◽  
Political Communities ◽  
The Eu

This chapter turns to the public narrative of ‘We, the peoples of Europe’, according to which constituent power in the EU lies with the peoples of the member states, and asks to what extent it can be defended in systematic terms. In doing so, it draws on the political theory of demoi-cracy, which interprets the EU as a political system for the joint self-government of separate political communities. Building on the proposals of central demoi-cratic authors, the chapter discusses how the distinction between pouvoir constituant and pouvoir constitué could find a place in the theoretical framework of demoi-cracy. It then proceeds to assess the strengths and weaknesses of the resulting view. While the demoi-cratic model of constituent power is convincing in its claim that the national peoples must not be bypassed in EU constitutional politics, it fails to draw the necessary conclusion from the fact that European integration has brought about politically significant relations between the citizens of Europe—namely, that there is the need to enable the expression of cross-border cleavages.

scholarly journals The Operationalisation of the Rule of Law in the EU Legal Order

2019 ◽  
Vol 2 (2) ◽  
pp. 20-36
Author(s):  
Joshua Chung
Keyword(s):  
Human Rights ◽  
European Integration ◽  
Rule Of Law ◽  
Liberal Democracy ◽  
Case Law ◽  
Central Place ◽  
Legal Order ◽  
The Rule Of Law ◽  
European Project ◽  
The Eu

  The European project was founded on the advancement of liberal democracy where the rule of law and respect for human rights have a central place. In a period of ‘instability’ in the Union where organisational changes to national judiciaries have raised fears over rule of law backsliding amongMember States threatening the functioning of the EU’s legal order, the main aim of this article is to explore the operationalisation of the rule of law as a founding value of the EU and its connection to European integration. To demonstrate that there is a developing jurisprudence in the EU legal order towards increased justiciability ofthe rule oflaw. The article in part 2 examines the proposition that the operationalisation of the rule of law and European integration is linked to a substantive rights based conception of the rule of law as a basis for the jurisprudential shift. Part 3 looks at the normative arguments for protecting the rule of law in the EU. Finally, Part 4 analyses the operationalisation of the rule of law in the jurisprudence of the CJEU, in which it is argued there is three lines of argumentation for the operationalisation of the rule of law in the case law of the CJEU.

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