Institutions, Power, and Institutional Balance

Institutional balance, as opposed to strict separation of powers, characterized the disposition of legislative and executive power in the EEC from the outset. The chapter is divided into four temporal periods. The initial period runs between the Rome Treaty and the Single European Act 1986 (SEA). The discussion begins with the initial disposition of institutional power in the Rome Treaty, and charts the way in which this shifted during the first thirty years. The second section covers the period between the SEA and the Nice Treaty, in which there was growing consensus in normative terms as to the appropriate disposition of primary legislative power, but continuing contestation as to power over secondary rule-making and the locus of executive authority. These tensions were readily apparent in the third period, which covers the Constitutional Treaty and the Lisbon Treaty. The fourth period runs from the advent of the Lisbon Treaty to the present. The EU has been beset by a series of crises, which had implications for the powers of the respective EU institutions and the institutional balance between them.

Constitutionalism and Pluralism

The final chapter defends the idea of constitutionalizing international law against views that require the preservation or scaling back of the current institutionalization of international law, most notably legal pluralism. Legal pluralists argue that conflict among the claims of various overlapping legal orders is unavoidable, but it is also desirable insofar as it preserves the values inherent in various legal systems and refrains from stifling moral, social, and legal diversity through the imposition of narrow hierarchies. The chapter shows why pluralism fails as a normative ideal of international law, due to its facilitation of legal uncertainty and indeterminacy, the lack of commitment from states to a rule-based order at the international level, and the proliferation of deeply oppressive and unjust state legal orders. Finally, the chapter explains why, contra existing claims to the contrary, the UN Charter does not meet the standards of an adequate constitutional treaty for international law.

Constituent Power in the European Union

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.

The Symbols Role in the Creation of a European Identity

The present paper focuses on the symbolic aspects of the process of formation, sustainment, and change of identity in the European Union. We first establish the role of the symbolisms and symbols in forming links among European citizens and in shaping a European identity.We present a number of initiatives, which have been taken, aimed at forming a collective identity related to the concerns expressed in the recent years over the democratic deficit of the European Union. We consider Andonnino Reports especially significant in this sense through the recommendation of adopting Community symbols. After presenting other activities organized with this aim, in education, culture, and youth fields, we argue that the symbols established by the Constitutional Treaty are the most readily identifiable symbols of integration process.We consider important to have a theoretical presentation of the social and anthropological functions of the symbols. The role of the national symbols of any state is to provide an identity, having at the same time a unifying and a federating power. We show the political implication of the symbols at the level of European citizens. The citizens can be influenced by means of symbols and their symbolisms, to leave aside their differences and act in the common public good. We can conclude that the first important steps to emerging European Union as a new post-national political system (where the national interest coincides with the European interest) have been made. We emphasize how the European symbols such as the flag, the anthem, the motto, the currency, and the Europe Day help to make the European Union more legitimate in the eyes of its citizens by creating emotive images and rites.At the end of the paper, we describe the 9 May Day as a performance of a ritual festivity. We have in mind especially the capacity of this moment to act as a sequence of events within a fixed space and time and to involve simultaneously all stimuli. Our aim is to show how particular aspects of the process of construction of a European identity work in practice, in relation to the symbolic context of ideologies, images, and worldviews.

2. The Origins, Institutions, and Development of the Union and the Legislative Processes

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the origins, institutions, and development of the European Union and its legislative processes. Key debates noted are the questions raised by the changes brought about by the Lisbon Treaty, and concerns raised by Member States about the EU assuming too many competences. Sample exam questions cover topics such as the concept of European integration and the motivations behind it, reform of the EU, the powers of the Court of Justice of the European Union and its impact, and analysis of the 2007 Lisbon Treaty and the abandoned Constitutional Treaty which it effectively replaced.

10. From Amsterdam to Lisbon (2000–09)

This chapter examines the new strategy adopted in March 2000 by a special European Council in Lisbon to make the European Union (EU) more competitive, culminating in the signing of the Treaty of Lisbon. The Amsterdam Treaty had scarcely entered into force before further Treaty reform emerged on the agenda. Throughout the year 2000, a new intergovernmental conference met to address outstanding institutional issues that had not been settled at Amsterdam. It concluded in December 2000 with the longest European Council in history, which led to the Treaty of Nice. The chapter first considers the Nice Treaty, before discussing the Lisbon Strategy, the European Security and Defence Policy, the Constitutional Treaty, the issue of enlargement, the European Parliament (EP), and the nomination of a new European Commission. It ends with a discussion of the Treaty of Lisbon.

1. The Development of European Integration

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter begins with analysis of the background to European integration. The focus then shifts to analysis of the Treaties and the principal Treaty revisions from the inception of the European Economic Community (EEC) to the present day. The EEC Treaty is examined, followed by the Single European Act, and the Maastricht, Amsterdam, and Nice Treaties. The discussion continues with examination of the failed Constitutional Treaty and the successful ratification of the Lisbon Treaty. The penultimate section deals with the impact of the financial crisis, the refugee crisis, the rule of law crisis, the pandemic crisis, and the Brexit crisis. This is followed by an overview of theories European integration offered to explain its evolution. The UK version contains a further section outlining the basic structure of UK legal relations with EU law post-Brexit.

1. The Development of European Integration

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter begins with analysis of the background to European integration. The focus then shifts to analysis of the Treaties and the principal Treaty revisions from the inception of the European Economic Community (EEC) to the present day. The EEC Treaty is examined, followed by the Single European Act, and the Maastricht, Amsterdam, and Nice Treaties. The discussion continues with examination of the failed Constitutional Treaty and the successful ratification of the Lisbon Treaty. The penultimate section deals with the impact of the financial crisis, the refugee crisis, the rule of law crisis, the pandemic crisis, and the Brexit crisis. This is followed by an overview of theories European integration offered to explain its evolution. The UK version contains a further section outlining the basic structure of UK legal relations with EU law post-Brexit.