The Constitution's Gift: A Constitutional Theory for a Democratic European UnionThis authoritative study considers all aspects of the European Union's distinctive constitution since its inception. A unique political animal, the EU has given rise to important constitutional conundrums and paradoxes that John Erik Fossum and Agustín José Menéndez explore in detail. The authors consider the process of forging the EU's constitution and the set of fundamental norms that define the institutional structure, the decision-making procedures, and the foundations of the Union's democratic legitimacy. Their analysis illuminates the distinctive features of the EU's pluralist constitutional construct but also the interesting parallels to the Canadian constitutional experience and provides the tools to understand the Union's development, especially during the Laeken (2001–2005) and Lisbon (2007–2009) processes of constitutional reform. The authors' original theory of constitutional synthesis captures the distinctive traits of the European Union as a polity. It explains why and how the European Communities were established as the first constitutional union of constitutional states wherein integration would be steered by law, not power politics or imperialism. Similarly, it presents the European Union as one of the few examples of a polity that has transcended the paradigm of the nation-state (and perhaps even that of the state). Locating the substance and process of Lisbon in its proper constitutional context, Fossum and Menéndez explain why this should be seen as a new beginning of the Union's constitutional season, not its end. Offering the first history of European constitutional law that is both theoretically informed and normatively grounded, their book will be essential reading for all readers interested in the process and theory of European integration. |
Contents
| 1 | |
| 17 | |
Chapter 2 A Theory of Constitutional Synthesis | 45 |
The Constitutional Path of European Integration | 77 |
Moving Beyond Synthesis or Heightened Constitutional Ambiguity? | 129 |
Chapter 5 Untangling the Knots by Means of the Theory of Constitutional Synthesis | 163 |
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affirmed amendment Canada Canadian constitutional chapter characterized citizens comitology common constitutional law Common Market Community law conflicts consti constitutional dynamics constitutional order constitutional synthesis constitutional theory constitutional traditions Constitutional Treaty convention Court of Justice debate decision defined democracy democratic constitution democratic legitimacy draft economic freedoms established Euro Europe European constitutional law European Council European Court European integration European Law European Parliament European Union explicit federal field first fleshing formal founding treaties fundamental rights institutional structure intergovernmental Intergovernmental Conference Laeken Laeken Declaration legal order Lisbon Treaty mandate material constitution national constitutional norms ofthe patriation pluralism pluralistic political primacy principles procedure process of constitutional Quebec ratification referendum reflected regulatory ideal result revolutionary role simple constitutionalization Single European Act social specific stitutional substantive supranational supranational institutions synthetic constitutional theory of constitutional tion tional transformative constitutionalization Treaty of Lisbon tutional Valéry Giscard d’Estaing