scholarly journals Encuesta sobre la integración política de Europa (II) = Academic survey about constitutionalization of European Union (II)

2014 ◽  
Vol 1 (33) ◽  
pp. 11
Author(s):  
Benito Aláez Corral ◽  
Enrique Álvarez Conde ◽  
Paloma Biglino Campos ◽  
Rafael Bustos Gisbert ◽  
Teresa Freixes Sanjuán ◽  
...  
Keyword(s):  
European Union ◽  
Public Law ◽  
Democratic Deficit ◽  
Law Professors

En esta encuesta un grupo de Catedráticos de Derecho Público responden a preguntas sobre la construcción constitucional de Europa relacionadas con la crisis del concepto tradicional de soberanía, con el déficit democrático en las instituciones de la Unión Europea y en los Estados miembros, y sobre la legitimidad y las formas de legitimación de la Unión Europea.In this academic survey a group of Public Law Professors answer questions about constitutionalization of European Unión: about the crisis of the traditional sovereignty concept, the democratic deficit in UE institutions and in State members, and about legitimacy and legitimization in UE.

Europe's Deep Crisis

2005 ◽  
Vol 13 (4) ◽  
pp. 525-540 ◽  
Author(s):  
FURIO CERUTTI
Keyword(s):  
European Union ◽  
Cultural Diversity ◽  
Direct Democracy ◽  
Security Policy ◽  
Political Identity ◽  
Democratic Deficit ◽  
The European Union ◽  
Political Actor ◽  
Constitutional Treaty ◽  
Deep Crisis

The rejection of the symbolically rather than institutionally innovative Constitutional Treaty in France and the Netherlands as well as the show of disunity in the European Council of mid June 2005 signal the end of a long cycle, culminating in the 1990s, in which the transformation of the European Union into a full-fledged political actor seemed to be possible. For decades ahead there will be no European polity capable of powerfully co-determining the governance of globalization. This was made possible by the rarely debated democratic deficit that makes one people or government decide on issues of general European interest and uncritically glorifies direct democracy, thus opening the door to populism.The comedy of errors which saw a majority of French citizens voting for domestic motivations, instead of focusing on the actual European issues go back to underlying troubles in contemporary democracy, but also to the contradiction inherent to the attempt to give the functional-bureaucratic EU of ‘Brussels’ a broad democratic legitimization. Rather than the now dead Constitution, it is the experience of the Europeans with common high-political acts of economic and security policy that may in the future foster their political identity in the framework of cultural diversity.

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 UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill—A Reference by the Attorney General and the Advocate General for Scotland [2018] UKSC 64, Supreme Court

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Attorney General ◽  
Public Law ◽  
The European Union ◽  
Advocate General ◽  
Scottish Parliament ◽  
The Uk

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill—A Reference by the Attorney General and the Advocate General for Scotland [2018] UKSC 64, Supreme Court. This case is concerned with the competencies of the Scottish Parliament, and the nature of devolution in the UK more generally. The document also includes supporting commentary from author Thomas Webb.

Six Dimensions of Public Law

2020 ◽  
pp. 399-430
Author(s):  
Paul Craig
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Case Law ◽  
Public Law ◽  
The European Union ◽  
The Public ◽  
The United Kingdom ◽  
Six Dimensions ◽  
The Impact ◽  
The Way

This chapter draws on the six dimensions of public law covered in the book: theory, institutions and accountability, constitutions and rights, process and procedure, legislation, and case law. It links discussion of these dimensions, by considering how they have been affected by Brexit. The chapter is not concerned with the contending arguments for leaving or remaining in the European Union. The focus is on the way in which Brexit has ‘pressure-tested’ the public law regime in the United Kingdom and the European Union. The six dimensions of public law that are discussed in the preceding chapters form the architectural frame through which the impact of Brexit on the public law regimes is assessed in both the United Kingdom and the European Union.

Reinvigorating Democracy in the European Union

2020 ◽  
pp. 127-146
Author(s):  
Gráinne de Búrca
Keyword(s):  
Public Policy ◽  
European Union ◽  
Member State ◽  
Citizen Participation ◽  
Political Institutions ◽  
Recent Experiment ◽  
Democratic Deficit ◽  
The European Union ◽  
The World ◽  
Digital Or

This chapter begins with a brief summary of two sets of democratic challenge facing Europe—the original ‘democratic deficit’ of the EU and the more recent growth of populist illiberalism—which have in common the erosion of trust in conventional political institutions and processes. It considers these democratic challenges alongside another contemporary phenomenon, namely the growth of interest in alternative forms of citizen participation, whether deliberative, popular, digital, or other, in various parts of the world. The chapter moves on to examine in more detail a recent experiment with deliberative citizen participation in one EU Member State, namely Ireland’s use of citizens’ assemblies to introduce constitutional and public policy change, and asks whether Ireland’s experience could offer any possible lessons to address some aspects of the EU’s democratic ills.

Euro As Legal Tender (and Banknotes)

2020 ◽  
Author(s):  
Robert Freitag
Keyword(s):  
European Union ◽  
Euro Area ◽  
Public Law ◽  
Legal Certainty ◽  
Public And Private ◽  
Legal Tender ◽  
The Core ◽  
National Currencies ◽  
The Status ◽  
Private And Public

The provisions governing the euro as ‘European Single Currency’ are at the core of the Treaty on the Functioning of the European Union’s (TFEU) rules on the Economic Monetary Union (EMU). Since the euro has replaced the former national currencies of the participating Member States and is to substitute the national currencies of any future members of the euro area, it was mandatory to ascribe to the euro the status of exclusive ‘legal tender’ as per Article 128(1) TFEU. This status of the euro seems to be so evident as to be self-explanatory–but only at first glance since the concept of ‘legal tender’ and its implications in European Union (EU) and national private and public law are less clear. A satisfactory concept of legal tender is hard to define and hardly ever given on the EU level–resulting in a striking lack of legal certainty in a great variety of aspects of public and private law.

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