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The EU between constitutionalism and international organizations


the law between nation-states, (UN), - treaties, ... The constitutionality of the EU : - direct effect of regulations, directives and treaties, ... – PowerPoint PPT presentation

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Title: The EU between constitutionalism and international organizations

The EU between constitutionalism and
international organizations
  • International constitutional law and democracy
  • 23.10.08
  • Inger-Johanne Sand

  • International law
  • - the law between nation-states, (UN), -
  • - in substance, - and in legal validity,
    (international relations)
  • - diplomatic negotiations, - governments,
  • Supranational law
  • - law by international organizations which has
    been delegated specific parts of the
    constitutional power of the nation-states, (EU)
  • - legislation which has direct effect on
    citizens, (law/politics)
  • - EU/EC institutions and member states
  • Transnational law
  • - law or legal practice which has been developped
    among non-state actors, - such as experts, NGOs,
    standardization committes, (ISO)
  • - lex mercatoria private international law,
    (organization studies)
  • - administrative, technical processes,
  • - second-level organs of government, NGOs,

  • The constitutionality of the EU
  • - direct effect of regulations, directives and
  • - not only the governments, but also the peoples,
  • - supranationality,
  • - comprehensive legislative competences,
  • - comprehensive administrative apparatus/
  • Commission with comprehensive adm., execut
  • - admin and judicial decisions sanctionable in
    member st.
  • - judicial review of directives in relation to
  • vertically integrated politico-legal systems,
  • judicial review
  • no legislative/constitutional kompetenz-kompetenz

  • Many new questions arise with the supranational
    treaties which did not arise with the
  • - purpose-oriented interpretation,
  • - implied powers,
  • - proportionality,
  • - human rights,
  • When does a supranational treaty also become a
    constitutional treaty
  • - several types of power are transferred,
    building on each other
  • - legislative, judicial (sanctionable), and
  • - direct effect on citizens,
  • - to create a vertically integrated legal order
    of its own,

  • not only the states,. But also the peoples of

  • What have the vital changes been?
  • - the starting point the Rome treaty,
  • - not only the states, also the peoples,
  • - the European Court of Justice,
  • - the cases van Gend en Loos, - Costa Enel,
  • - direct effect, - supremacy, - judicial
  • - the acquis communautaire,
  • 1986 the Single European Act,
  • - qualified majority, - the internal market,
  • 1992 Maastricht - extended competences,
  • - the Euro,
  • Lisbon - social coherence
  • Nice extended competences,

  • Theories
  • Intergovernmentalism - the member states are
    still the main actors,
  • - supported by both neo-liberal and democratic
  • Neo-functionalism - the doctrine of direct
    effect, the internal market and the practice of
    the Commission and the Court, etc., have created
    a particular and integrationist dynamic, with
    spill-over effects,
  • - integration, -deliberative supranationalism,
  • Constitutionalism vertical integration, -
    direct effect, - transfer of constitutional
  • - normative and democratic constitutionalism,
  • - democratic experimentalism,
  • - strong and weak versions,
  • Federations confederations or sui generis?

  • The democratic deficit literature,
  • The state,
  • The nation
  • The people the demos what is the meaning
    of such a terminology ?
  • Is there a peoples of Europe ?
  • Identity citizenship. What are they connected
    to? Instrumental vs more contextual citizenship.
  • Qualitative democracy vs. numeric democracy,

  • The hallmark of citizenship in our democracies
    is that in citizens is vested the power, by
    majority to create binding norms..
  • Such power has been found in the nation-states,
    but now also in the Union.?
  • Citizenship is also about a social reality.
  • Nationhood is a form of belonging.
  • What is belonging ?
  • There are also different forms of belonging
  • - the family, the tribe, the nation,the
    region, the globe.

  • At an inter-group level nationalism is an
    expression of cultural specificity underscoring
    differentiation, the uniqueness of a group as
    positioned in relation to others.
  • At an intra-group level it can be an expression
    underscoring the commonality, the sharedness of a
    group. (p.342)
  • The decoupling of nationality and citizenship
    opens the possibility of thinking co-existing
    multiple demoi. (p.344)
  • - there may be citizenship, legitimacy and
    authority on different levels,