Jan Zielonka
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199292219
- eISBN:
- 9780191603754
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199292213.001.0001
- Subject:
- Political Science, European Union
This book seeks to comprehend the evolving nature of the European Union following the fall of the Berlin Wall and the failure of the European Constitution. Its prime focus is the last wave of ...
More
This book seeks to comprehend the evolving nature of the European Union following the fall of the Berlin Wall and the failure of the European Constitution. Its prime focus is the last wave of enlargement which has profoundly transformed the EU. Although there are many parallels between the European integration process and state-building processes, the Union is not anything like a Westphalian superstate. The new emerging polity resembles a kind of neo-medieval empire with a polycentric system of government, multiple and overlapping jurisdictions, striking cultural and economic heterogeneity, fuzzy borders, and divided sovereignty. The book spells out the origin, the shape, and the implications of this empire. It suggests a novel way of thinking about the European Union and the process of European integration, showing “two Europes” coming together following the end of the Cold War. It proposes a system of economic and democratic governance that meets the ever greater challenges of modernization, interdependence, and globalization. It identifies the most plausible scenario of promoting peaceful change in Europe and beyond. It argues that mainstream thinking about European integration is based on mistaken statist assumptions, and suggests more effective and legitimate ways of governing Europe than through the adoption of a European Constitution, creation of a European army, or introduction of a European social model. The book covers many fields from politics and economics to foreign affairs and security. It analyzes developments in both Eastern and Western Europe, and gives ample room for both theoretical and empirical considerations.Less
This book seeks to comprehend the evolving nature of the European Union following the fall of the Berlin Wall and the failure of the European Constitution. Its prime focus is the last wave of enlargement which has profoundly transformed the EU. Although there are many parallels between the European integration process and state-building processes, the Union is not anything like a Westphalian superstate. The new emerging polity resembles a kind of neo-medieval empire with a polycentric system of government, multiple and overlapping jurisdictions, striking cultural and economic heterogeneity, fuzzy borders, and divided sovereignty. The book spells out the origin, the shape, and the implications of this empire. It suggests a novel way of thinking about the European Union and the process of European integration, showing “two Europes” coming together following the end of the Cold War. It proposes a system of economic and democratic governance that meets the ever greater challenges of modernization, interdependence, and globalization. It identifies the most plausible scenario of promoting peaceful change in Europe and beyond. It argues that mainstream thinking about European integration is based on mistaken statist assumptions, and suggests more effective and legitimate ways of governing Europe than through the adoption of a European Constitution, creation of a European army, or introduction of a European social model. The book covers many fields from politics and economics to foreign affairs and security. It analyzes developments in both Eastern and Western Europe, and gives ample room for both theoretical and empirical considerations.
Jeffrey S. Lantis
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199535019
- eISBN:
- 9780191715952
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199535019.003.0008
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
The Treaty Establishing a Constitution for Europe (or European Constitution) provided a plan for deepening European integration with a centralization of power in Brussels. Supporters believed that it ...
More
The Treaty Establishing a Constitution for Europe (or European Constitution) provided a plan for deepening European integration with a centralization of power in Brussels. Supporters believed that it offered the promise of greater political, economic, and social unity for Europe in the twenty-first century. French and German government leaders hailed the advent of the treaty as a “moment of destiny” for the continent. While the German government ratified the treaty quickly, it generated serious controversy in France. Voters rejected the treaty in a national referendum on June 1, 2005, dealing a serious blow to progress on European integration.Less
The Treaty Establishing a Constitution for Europe (or European Constitution) provided a plan for deepening European integration with a centralization of power in Brussels. Supporters believed that it offered the promise of greater political, economic, and social unity for Europe in the twenty-first century. French and German government leaders hailed the advent of the treaty as a “moment of destiny” for the continent. While the German government ratified the treaty quickly, it generated serious controversy in France. Voters rejected the treaty in a national referendum on June 1, 2005, dealing a serious blow to progress on European integration.
J. H. H. Weiler
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199245000
- eISBN:
- 9780191599996
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199245002.003.0003
- Subject:
- Political Science, European Union
Focuses on the European Union, and looks at the promise and possibilities that emerge once the federal vision is liberated from ‘statist’ conceptions of political organization. The author views ...
More
Focuses on the European Union, and looks at the promise and possibilities that emerge once the federal vision is liberated from ‘statist’ conceptions of political organization. The author views attempts to transform the European project into one of federal constitutionalism along statist lines as deeply misguided. The first section points out that the constitutional discipline of Europe is in most respects indistinguishable from that of advanced federal states, but with the huge difference that Europe chose not to presuppose the supreme authority and sovereignty of its federal demos. There is then a brief analysis of some of the premises on which the constitutional debate is typically based. The rest of the chapter explains why the unique brand of European federalism represents not only its most original political asset but also its deepest set of values, and offers a normative reading of the European constitutional architecture.Less
Focuses on the European Union, and looks at the promise and possibilities that emerge once the federal vision is liberated from ‘statist’ conceptions of political organization. The author views attempts to transform the European project into one of federal constitutionalism along statist lines as deeply misguided. The first section points out that the constitutional discipline of Europe is in most respects indistinguishable from that of advanced federal states, but with the huge difference that Europe chose not to presuppose the supreme authority and sovereignty of its federal demos. There is then a brief analysis of some of the premises on which the constitutional debate is typically based. The rest of the chapter explains why the unique brand of European federalism represents not only its most original political asset but also its deepest set of values, and offers a normative reading of the European constitutional architecture.
Aida Torres Pérez
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199568710
- eISBN:
- 9780191705571
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199568710.003.0008
- Subject:
- Law, EU Law
This concluding chapter reflects upon the failed project of a European Constitution and the drafting of a written catalogue of EU rights. If eventually ratified, the Lisbon Treaty would recognize ...
More
This concluding chapter reflects upon the failed project of a European Constitution and the drafting of a written catalogue of EU rights. If eventually ratified, the Lisbon Treaty would recognize legally binding force to the European Charter of Fundamental Rights. There is no hierarchical relationship, however, between the rights enshrined in this Charter and constitutional rights. In this context, potential rights' conflicts in the EU might become even more visible, and the question about the source of ECJ's legitimacy in adjudicating fundamental rights even more relevant. Hence, should the Charter be given binding force, the dialogic model would still be suitable as the source of ECJ's legitimacy. Dialogue does not work to eliminate conflict, but rather it manages conflict over time in a process of constant, mutual accommodation. Since judicial dialogue develops in a fragmented form under conditions that are not ideal, the interpretation of fundamental rights will be tested and refined continuously.Less
This concluding chapter reflects upon the failed project of a European Constitution and the drafting of a written catalogue of EU rights. If eventually ratified, the Lisbon Treaty would recognize legally binding force to the European Charter of Fundamental Rights. There is no hierarchical relationship, however, between the rights enshrined in this Charter and constitutional rights. In this context, potential rights' conflicts in the EU might become even more visible, and the question about the source of ECJ's legitimacy in adjudicating fundamental rights even more relevant. Hence, should the Charter be given binding force, the dialogic model would still be suitable as the source of ECJ's legitimacy. Dialogue does not work to eliminate conflict, but rather it manages conflict over time in a process of constant, mutual accommodation. Since judicial dialogue develops in a fragmented form under conditions that are not ideal, the interpretation of fundamental rights will be tested and refined continuously.
Sara Binzer Hobolt
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199549948
- eISBN:
- 9780191720451
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199549948.003.0008
- Subject:
- Political Science, Comparative Politics, European Union
This chapter explores the perhaps most significant votes on Europe so far: the referendums on the European Constitutional Treaty in 2005. The chapter examines the two failed referendums in France and ...
More
This chapter explores the perhaps most significant votes on Europe so far: the referendums on the European Constitutional Treaty in 2005. The chapter examines the two failed referendums in France and the Netherlands and addresses the questions: Why did the French and the Dutch reject the Constitutional Treaty? Why did the governments fail the task of convincing voters? What was the role of the campaign? Based on systematic research of the campaigns and analyses of the survey data, this chapter provides a comprehensive account of campaign dynamics and voting behaviour in these referendums that ultimately led to the downfall of the European Constitution. The analyses show that the campaigns played an important role in framing certain issue attitudes, such as social issues in France and culture and identity concerns in the Netherlands. These no‐votes thus reflected concerns over specific aspects of European project rather than simply anti‐EU sentiments and protest voting.Less
This chapter explores the perhaps most significant votes on Europe so far: the referendums on the European Constitutional Treaty in 2005. The chapter examines the two failed referendums in France and the Netherlands and addresses the questions: Why did the French and the Dutch reject the Constitutional Treaty? Why did the governments fail the task of convincing voters? What was the role of the campaign? Based on systematic research of the campaigns and analyses of the survey data, this chapter provides a comprehensive account of campaign dynamics and voting behaviour in these referendums that ultimately led to the downfall of the European Constitution. The analyses show that the campaigns played an important role in framing certain issue attitudes, such as social issues in France and culture and identity concerns in the Netherlands. These no‐votes thus reflected concerns over specific aspects of European project rather than simply anti‐EU sentiments and protest voting.
Andrew Moravcsik
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199245000
- eISBN:
- 9780191599996
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199245002.003.0007
- Subject:
- Political Science, European Union
Moravcsik attacks the view, shared by Euro‐enthusiasts and Euro‐sceptics alike, that current developments in the EU herald the advent of a European federal state; according to Moravcsik, the EU lacks ...
More
Moravcsik attacks the view, shared by Euro‐enthusiasts and Euro‐sceptics alike, that current developments in the EU herald the advent of a European federal state; according to Moravcsik, the EU lacks and is likely to continue to lack the fundamental competences that would make it federal. To make this point, Moravcsik emphasizes what the EU does not do and is unlikely to take on in the foreseeable future, spelling out how the ‘EU plays almost no role—at most a weak sort of international coordination—in most of the issue‐areas about which European voters care most, such as taxation, social welfare provision, defence, high foreign policy, policing, education, cultural policy, human rights, and small business policy’. Moravcsik finds this not surprising, since the EU's built‐in ‘constitutional constraints’, from fiscal to legislative and regulatory powers, create a strong bias towards the status quo. His normative conclusion that the ‘existing hybrid status quo is sufficiently efficient and adequately legitimate to resist any fundamental institutional reform’ seems to echo Weiler's conclusion in Ch. 2 that the EU ‘ain’t broke, so don’t fix it’, although the two authors get to this position from opposite premises: Weiler thinks that today's EU founded on constitutional tolerance—bowing to the majority without being one people—is an amazingly ambitious project, while Moravcsik celebrates the EU's character as ‘a second‐best constitutional compromise designed to cope pragmatically with concrete problems’. The three sections of the chapter: (1) describe the existing confederal structure of EU institutions, focussing on the substantive narrowness and institutional weakness of its mandate; (2) examine the causes of this narrow and weak institutional mandate in the European constitutional settlement; and (3) assess the normative consequences for the democratic legitimacy of the EU state structure.Less
Moravcsik attacks the view, shared by Euro‐enthusiasts and Euro‐sceptics alike, that current developments in the EU herald the advent of a European federal state; according to Moravcsik, the EU lacks and is likely to continue to lack the fundamental competences that would make it federal. To make this point, Moravcsik emphasizes what the EU does not do and is unlikely to take on in the foreseeable future, spelling out how the ‘EU plays almost no role—at most a weak sort of international coordination—in most of the issue‐areas about which European voters care most, such as taxation, social welfare provision, defence, high foreign policy, policing, education, cultural policy, human rights, and small business policy’. Moravcsik finds this not surprising, since the EU's built‐in ‘constitutional constraints’, from fiscal to legislative and regulatory powers, create a strong bias towards the status quo. His normative conclusion that the ‘existing hybrid status quo is sufficiently efficient and adequately legitimate to resist any fundamental institutional reform’ seems to echo Weiler's conclusion in Ch. 2 that the EU ‘ain’t broke, so don’t fix it’, although the two authors get to this position from opposite premises: Weiler thinks that today's EU founded on constitutional tolerance—bowing to the majority without being one people—is an amazingly ambitious project, while Moravcsik celebrates the EU's character as ‘a second‐best constitutional compromise designed to cope pragmatically with concrete problems’. The three sections of the chapter: (1) describe the existing confederal structure of EU institutions, focussing on the substantive narrowness and institutional weakness of its mandate; (2) examine the causes of this narrow and weak institutional mandate in the European constitutional settlement; and (3) assess the normative consequences for the democratic legitimacy of the EU state structure.
Fritz W. Sccharpf
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199257409
- eISBN:
- 9780191600951
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019925740X.003.0004
- Subject:
- Political Science, European Union
Illustrates why the present institutional framework of the EU is no longer able to face new policy challenges. Provides an overview of general modes of EU policy‐making and then addresses concrete ...
More
Illustrates why the present institutional framework of the EU is no longer able to face new policy challenges. Provides an overview of general modes of EU policy‐making and then addresses concrete new policy challenges faced by the EU (common foreign and security policy, eastern enlargement, and monetary union) with regards to the strengths and limitations of these policy‐making procedures. Scharpf presents an argument for limitations in recent EU reform debates, from the White Paper on Governance to the European Convention, and argues for new modes of European governance that will allow effective ‘Europeanized’ responses to new policy challenges accommodating ‘legitimate diversity’ at the national level. Begins with a brief overview of the principal ‘modes’ of EU policy‐making—defined by participation rights and decision rules—for which the labels of ‘intergovernmental negotiations’, ‘joint decision making’, and ‘supranational centralization’ are used, and then the new policy challenges with regard to the strengths and limitations of these present modes of policy making are discussed. The seven sections of the chapter are: The Challenge of Present Constitutional Debates; The Plurality of European Governing Modes; New Policy Challenges; The European Dilemma: Consensus Plus Uniformity; Two Non‐Solutions: Subsidiarity and Majority Rule; European Action in the Face of Legitimate Diversity; and Conclusions.Less
Illustrates why the present institutional framework of the EU is no longer able to face new policy challenges. Provides an overview of general modes of EU policy‐making and then addresses concrete new policy challenges faced by the EU (common foreign and security policy, eastern enlargement, and monetary union) with regards to the strengths and limitations of these policy‐making procedures. Scharpf presents an argument for limitations in recent EU reform debates, from the White Paper on Governance to the European Convention, and argues for new modes of European governance that will allow effective ‘Europeanized’ responses to new policy challenges accommodating ‘legitimate diversity’ at the national level. Begins with a brief overview of the principal ‘modes’ of EU policy‐making—defined by participation rights and decision rules—for which the labels of ‘intergovernmental negotiations’, ‘joint decision making’, and ‘supranational centralization’ are used, and then the new policy challenges with regard to the strengths and limitations of these present modes of policy making are discussed. The seven sections of the chapter are: The Challenge of Present Constitutional Debates; The Plurality of European Governing Modes; New Policy Challenges; The European Dilemma: Consensus Plus Uniformity; Two Non‐Solutions: Subsidiarity and Majority Rule; European Action in the Face of Legitimate Diversity; and Conclusions.
NOëL O’SULLIVAN
- Published in print:
- 2008
- Published Online:
- January 2012
- ISBN:
- 9780197264355
- eISBN:
- 9780191734052
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264355.003.0004
- Subject:
- History, Cultural History
This lecture presents the text of the speech about visions of European unity since 1945 delivered by the author at the 2007 Elie Kedourie Memorial Lecture held at the British Academy. It discusses ...
More
This lecture presents the text of the speech about visions of European unity since 1945 delivered by the author at the 2007 Elie Kedourie Memorial Lecture held at the British Academy. It discusses Jean Monnet's Memoirs, wherein he expressed the hope for a United States of Europe, and comments on the French and Dutch rejection of the draft Constitutional Treaty of the European Constitution in 2005.Less
This lecture presents the text of the speech about visions of European unity since 1945 delivered by the author at the 2007 Elie Kedourie Memorial Lecture held at the British Academy. It discusses Jean Monnet's Memoirs, wherein he expressed the hope for a United States of Europe, and comments on the French and Dutch rejection of the draft Constitutional Treaty of the European Constitution in 2005.
James D. Savage
- Published in print:
- 2007
- Published Online:
- October 2011
- ISBN:
- 9780199238699
- eISBN:
- 9780191696770
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199238699.003.0007
- Subject:
- Political Science, European Union, Political Economy
This chapter considers the question of whether the Maastricht Treaty's surveillance process is sustainable despite member state noncompliant behaviour. The EU's answer to this question is one of ...
More
This chapter considers the question of whether the Maastricht Treaty's surveillance process is sustainable despite member state noncompliant behaviour. The EU's answer to this question is one of reaffirmation and accommodation. During the summer of 2004, two events occurred that significantly affect the Treaty's budgetary surveillance. First, on June 17 and 18, the EU Intergovernmental Council, consisting of the heads of government of the member states and acceding states, unanimously adopted the draft text of the new European Constitution, Europe's latest grand bargain. Second, a similar reaffirmation occurred on July 13, 2004, when the European Court of Justice issued its judgement upholding the EC's claim that the Council of Economic and Finance Ministers exceeded its authority in declaring the Maastricht Treaty's excessive deficit procedure in ‘abeyance’.Less
This chapter considers the question of whether the Maastricht Treaty's surveillance process is sustainable despite member state noncompliant behaviour. The EU's answer to this question is one of reaffirmation and accommodation. During the summer of 2004, two events occurred that significantly affect the Treaty's budgetary surveillance. First, on June 17 and 18, the EU Intergovernmental Council, consisting of the heads of government of the member states and acceding states, unanimously adopted the draft text of the new European Constitution, Europe's latest grand bargain. Second, a similar reaffirmation occurred on July 13, 2004, when the European Court of Justice issued its judgement upholding the EC's claim that the Council of Economic and Finance Ministers exceeded its authority in declaring the Maastricht Treaty's excessive deficit procedure in ‘abeyance’.
Tanja A. Börzel
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199585007
- eISBN:
- 9780191723469
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199585007.003.0004
- Subject:
- Law, Constitutional and Administrative Law
This chapter argues that the EU's ‘nature of the beast’ is not to be captured by one particular type of governance. Rather, the EU combines forms of governance, which involve the member states to ...
More
This chapter argues that the EU's ‘nature of the beast’ is not to be captured by one particular type of governance. Rather, the EU combines forms of governance, which involve the member states to different degrees and are best characterised as ‘governance with the state’. The chapter starts with conceptualising the relationship between state and governance. It draws on the distinction between government or governance by the state and governance without the state. The second part uses this typology to study European governance. It shows that EU policies are largely formulated and implemented in multiple overlapping negotiation systems that mostly involve supranational and state actors and give little room for business and civil society. The chapter concludes by discussing some implications of this governance constellation for the European constitutional structure.Less
This chapter argues that the EU's ‘nature of the beast’ is not to be captured by one particular type of governance. Rather, the EU combines forms of governance, which involve the member states to different degrees and are best characterised as ‘governance with the state’. The chapter starts with conceptualising the relationship between state and governance. It draws on the distinction between government or governance by the state and governance without the state. The second part uses this typology to study European governance. It shows that EU policies are largely formulated and implemented in multiple overlapping negotiation systems that mostly involve supranational and state actors and give little room for business and civil society. The chapter concludes by discussing some implications of this governance constellation for the European constitutional structure.
Maria Cahill
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199795208
- eISBN:
- 9780199919307
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199795208.003.0050
- Subject:
- Law, Public International Law
This chapter examines the constitutional conflict that occurs in the context of Ireland's rejection of the Lisbon Treaty. It begins by distinguishing the concepts “direct democracy” and ...
More
This chapter examines the constitutional conflict that occurs in the context of Ireland's rejection of the Lisbon Treaty. It begins by distinguishing the concepts “direct democracy” and “constitutional democracy” in order to clarify the importance of referenda if they are used as the constitutional amendability procedure in a functioning constitutional democracy. It then considers the place of amendability procedure in Irish constitutional history. It discusses Ireland's constitutional amendability procedure vis-à-vis European treaty referenda. The chapter concludes by examining the three ways in which Europe's constitutional ambitions are intimately tied up with national constitutional amendability procedures.Less
This chapter examines the constitutional conflict that occurs in the context of Ireland's rejection of the Lisbon Treaty. It begins by distinguishing the concepts “direct democracy” and “constitutional democracy” in order to clarify the importance of referenda if they are used as the constitutional amendability procedure in a functioning constitutional democracy. It then considers the place of amendability procedure in Irish constitutional history. It discusses Ireland's constitutional amendability procedure vis-à-vis European treaty referenda. The chapter concludes by examining the three ways in which Europe's constitutional ambitions are intimately tied up with national constitutional amendability procedures.
Morag Goodwin
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199795208
- eISBN:
- 9780199919307
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199795208.003.0046
- Subject:
- Law, Public International Law
This chapter reviews the book Welche Verfassung für Europa? (What Constitution for Europe?). The book does not aim to provide a comprehensive examination of the European constitutional debate, nor ...
More
This chapter reviews the book Welche Verfassung für Europa? (What Constitution for Europe?). The book does not aim to provide a comprehensive examination of the European constitutional debate, nor does it claim to be an introduction to it. Rather, it is simply a collection of short pieces allowing well-known scholars in the field of European studies to make suggestions for the shape of further integration. The review concentrates on the introductory section and the final section, which examine the possible forms and processes of European constitutional creation. The book as a whole is also considered briefly in general terms.Less
This chapter reviews the book Welche Verfassung für Europa? (What Constitution for Europe?). The book does not aim to provide a comprehensive examination of the European constitutional debate, nor does it claim to be an introduction to it. Rather, it is simply a collection of short pieces allowing well-known scholars in the field of European studies to make suggestions for the shape of further integration. The review concentrates on the introductory section and the final section, which examine the possible forms and processes of European constitutional creation. The book as a whole is also considered briefly in general terms.
Cécile Fabre
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199287994
- eISBN:
- 9780191700477
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199287994.003.0002
- Subject:
- Law, EU Law
The aim of this chapter is to explore how European constitutions deal with social rights. It is a particularly urgent task in the present political and economic context. Whilst welfare states are a ...
More
The aim of this chapter is to explore how European constitutions deal with social rights. It is a particularly urgent task in the present political and economic context. Whilst welfare states are a central plank of the European liberal and democratic model, they are currently under threat from the combined pressures of, amongst others, globalization, an ageing population, and (relatedly) ever expanding medical needs. Examining constitutional social rights in Europe enables one to see whether there are discrepancies between legal texts and local practices, and whether it is possible to challenge the latter in the light of the former. In a nutshell, most European constitutions, in their spirit if not always in their letter, claim that human beings have dignity, are equal to one another, and should all be treated accordingly — that is, should receive material help in the form of social assistance.Less
The aim of this chapter is to explore how European constitutions deal with social rights. It is a particularly urgent task in the present political and economic context. Whilst welfare states are a central plank of the European liberal and democratic model, they are currently under threat from the combined pressures of, amongst others, globalization, an ageing population, and (relatedly) ever expanding medical needs. Examining constitutional social rights in Europe enables one to see whether there are discrepancies between legal texts and local practices, and whether it is possible to challenge the latter in the light of the former. In a nutshell, most European constitutions, in their spirit if not always in their letter, claim that human beings have dignity, are equal to one another, and should all be treated accordingly — that is, should receive material help in the form of social assistance.
Brian Bercusson
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199287994
- eISBN:
- 9780191700477
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199287994.003.0009
- Subject:
- Law, EU Law
This chapter addresses the recurrent question of justiciability, and, relatedly, indivisibility, tackling the question of social rights under the new, although now ill-fated European Union ...
More
This chapter addresses the recurrent question of justiciability, and, relatedly, indivisibility, tackling the question of social rights under the new, although now ill-fated European Union Constitution, and in the Charter of Fundamental Rights. It provides a critical account of the debates which led to the provision of the Charter distinguishing between ‘principles’ and other rights, and moves on to consider several different ways in which the various social rights contained in the Charter may come to be given domestic effect, whether through indirect interpretative methods, or non-judicial methods, or through varying ‘equilibria’ of these mechanisms. The chapter identifies at least three groups of social rights: those that are clearly justiciable and simply need effective implementation, those that are moving towards greater justiciability as positive enforceable rights, and finally those that are programmatic in nature and that require greater ongoing monitoring of governmental policy together with a form of ‘consistency’ review.Less
This chapter addresses the recurrent question of justiciability, and, relatedly, indivisibility, tackling the question of social rights under the new, although now ill-fated European Union Constitution, and in the Charter of Fundamental Rights. It provides a critical account of the debates which led to the provision of the Charter distinguishing between ‘principles’ and other rights, and moves on to consider several different ways in which the various social rights contained in the Charter may come to be given domestic effect, whether through indirect interpretative methods, or non-judicial methods, or through varying ‘equilibria’ of these mechanisms. The chapter identifies at least three groups of social rights: those that are clearly justiciable and simply need effective implementation, those that are moving towards greater justiciability as positive enforceable rights, and finally those that are programmatic in nature and that require greater ongoing monitoring of governmental policy together with a form of ‘consistency’ review.
George Athan Billias
- Published in print:
- 2009
- Published Online:
- March 2016
- ISBN:
- 9780814791073
- eISBN:
- 9780814739013
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814791073.003.0003
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines the influence of American constitutionalism in Europe during the years 1776–1800, the so-called first peak period, or echo, of American constitutionalism abroad. It first ...
More
This chapter examines the influence of American constitutionalism in Europe during the years 1776–1800, the so-called first peak period, or echo, of American constitutionalism abroad. It first considers two myths that emerged in the United States regarding American constitutionalism and their impact on European experiments in republicanism: the “cult of the constitution” and the “American Dream.” It then turns to the ideas of Thomas Paine, who proclaimed his principles of American constitutionalism first in Common Sense, published in January 1776, as well as the constitutional controversy pitting Paine against Edmund Burke. It also discusses the influence of American constitutionalism on European constitutions during the period 1787–1800, including those of France, and concludes with an analysis of the origins of the American Bill of Rights tradition and the influence of American constitutionalism in the Netherlands, Germany, and Italy.Less
This chapter examines the influence of American constitutionalism in Europe during the years 1776–1800, the so-called first peak period, or echo, of American constitutionalism abroad. It first considers two myths that emerged in the United States regarding American constitutionalism and their impact on European experiments in republicanism: the “cult of the constitution” and the “American Dream.” It then turns to the ideas of Thomas Paine, who proclaimed his principles of American constitutionalism first in Common Sense, published in January 1776, as well as the constitutional controversy pitting Paine against Edmund Burke. It also discusses the influence of American constitutionalism on European constitutions during the period 1787–1800, including those of France, and concludes with an analysis of the origins of the American Bill of Rights tradition and the influence of American constitutionalism in the Netherlands, Germany, and Italy.
Alexander Somek
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199795208
- eISBN:
- 9780199919307
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199795208.003.0049
- Subject:
- Law, Public International Law
This chapter discusses the legitimacy deficits that were exposed by the failure to ratify a European constitution, in 2005, and the elite-driven project to resurrect the salvageable parts of that ...
More
This chapter discusses the legitimacy deficits that were exposed by the failure to ratify a European constitution, in 2005, and the elite-driven project to resurrect the salvageable parts of that agenda through the less-ambitious Lisbon Reform Treaty. The result is an ambiguous “postconstitutional ordering [that] is a mixture of the absence of” international law and constitutional law.Less
This chapter discusses the legitimacy deficits that were exposed by the failure to ratify a European constitution, in 2005, and the elite-driven project to resurrect the salvageable parts of that agenda through the less-ambitious Lisbon Reform Treaty. The result is an ambiguous “postconstitutional ordering [that] is a mixture of the absence of” international law and constitutional law.
Matt Qvortrup
- Published in print:
- 2007
- Published Online:
- July 2012
- ISBN:
- 9780719076589
- eISBN:
- 9781781701560
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719076589.003.0010
- Subject:
- Political Science, Political Theory
This chapter examines citizenship engagement, looking at a case study of the 2005 referendums on the European Constitution in Spain, France, the Netherlands and Luxembourg. It presents an analysis of ...
More
This chapter examines citizenship engagement, looking at a case study of the 2005 referendums on the European Constitution in Spain, France, the Netherlands and Luxembourg. It presents an analysis of the referendums in the light of international research and seeks to determine if the referendums formed a general pattern. It concludes that the referendum results were shaped broadly by two factors: disquiet among the socialist voters and opposition to the EU from unskilled and low-waged employees.Less
This chapter examines citizenship engagement, looking at a case study of the 2005 referendums on the European Constitution in Spain, France, the Netherlands and Luxembourg. It presents an analysis of the referendums in the light of international research and seeks to determine if the referendums formed a general pattern. It concludes that the referendum results were shaped broadly by two factors: disquiet among the socialist voters and opposition to the EU from unskilled and low-waged employees.
George Athan Billias
- Published in print:
- 2009
- Published Online:
- March 2016
- ISBN:
- 9780814791073
- eISBN:
- 9780814739013
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814791073.003.0005
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines the influence of American constitutionalism in Europe during the era of the American and French revolutions and the European revolutions of 1848. It suggests that the influence ...
More
This chapter examines the influence of American constitutionalism in Europe during the era of the American and French revolutions and the European revolutions of 1848. It suggests that the influence of American constitutionalism during this period did not have as much effect as before. It considers three distinctive periods of Western constitutionalism that mark this interlude: the period when Napoleon ended the French Revolution with his coup d'état, the age of Klemens von Metternich, and the period just before the outbreak of the 1848 revolutions. The chapter also discusses American constitutional influence on a number of European constitutions in the years 1800–1848, including those of Norway, Belgium, France, Germany, Switzerland, Poland, Russia, Hungary, Italy, and Greece. It concludes with an assessment of the impact of Jacksonian democracy on European constitutionalism.Less
This chapter examines the influence of American constitutionalism in Europe during the era of the American and French revolutions and the European revolutions of 1848. It suggests that the influence of American constitutionalism during this period did not have as much effect as before. It considers three distinctive periods of Western constitutionalism that mark this interlude: the period when Napoleon ended the French Revolution with his coup d'état, the age of Klemens von Metternich, and the period just before the outbreak of the 1848 revolutions. The chapter also discusses American constitutional influence on a number of European constitutions in the years 1800–1848, including those of Norway, Belgium, France, Germany, Switzerland, Poland, Russia, Hungary, Italy, and Greece. It concludes with an assessment of the impact of Jacksonian democracy on European constitutionalism.
Catherine Barnard (ed.)
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780199226221
- eISBN:
- 9780191696206
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199226221.001.0001
- Subject:
- Law, EU Law
With the rejection of the Constitutional Treaty in French and Dutch referenda, the European Union received a severe blow. This precipitated a period of reflection and soul searching. How far should ...
More
With the rejection of the Constitutional Treaty in French and Dutch referenda, the European Union received a severe blow. This precipitated a period of reflection and soul searching. How far should the fundamental principles that shape the Union be re-assessed in the light of the Constitutional debate? Can the Constitutional Treaty be rescued from failure? If not, what other options for constitutional reform are available? Does the Treaty's rejection signal the failure of the Union's goal of democratic governance? The chapters in this volume examine the impact of the debate surrounding the future of the European Constitution on the development of core areas of EU law and policy. Opening with a discussion of the shifting conceptions of European democracy, the volume proceeds to look at key areas of substantive law against the backdrop of the Constitutional Treaty, from foreign relations to fundamental rights, social policy to justice and home affairs. The book concludes with an examination of potential solutions to the constitutional crisis, and models for future constitutional reform.Less
With the rejection of the Constitutional Treaty in French and Dutch referenda, the European Union received a severe blow. This precipitated a period of reflection and soul searching. How far should the fundamental principles that shape the Union be re-assessed in the light of the Constitutional debate? Can the Constitutional Treaty be rescued from failure? If not, what other options for constitutional reform are available? Does the Treaty's rejection signal the failure of the Union's goal of democratic governance? The chapters in this volume examine the impact of the debate surrounding the future of the European Constitution on the development of core areas of EU law and policy. Opening with a discussion of the shifting conceptions of European democracy, the volume proceeds to look at key areas of substantive law against the backdrop of the Constitutional Treaty, from foreign relations to fundamental rights, social policy to justice and home affairs. The book concludes with an examination of potential solutions to the constitutional crisis, and models for future constitutional reform.
Jaklic Klemen
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780198703228
- eISBN:
- 9780191773051
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198703228.003.0004
- Subject:
- Law, EU Law, Constitutional and Administrative Law
Chapter 3 moves to the analytical presentation of Joseph Weiler’s version of constitutional pluralism. In stark contrast to epistemic pluralism, this version seeks to build a particular external ...
More
Chapter 3 moves to the analytical presentation of Joseph Weiler’s version of constitutional pluralism. In stark contrast to epistemic pluralism, this version seeks to build a particular external substantive balance between the two confronting constitutional identities, the nation-state and the European one. The substantive balance is emphatically about the content (the what) of the constitutional discourse, but is such that it claims not to unduly emphasize one substantive identity over the other. This is what is meant by pluralism. In contrast to epistemic pluralism, this necessarily implies a great degree of commensurability between the authority and knowledge claims coming from the distinct constitutional orders in Europe. Explicating this approach, Weiler’s multiple different individual contributions are pulled together in a particular way so as to cohere his concrete conception of pluralism for the first time. The chapter ends by identifying a cluster of different ultimate values underpinning such an approach.Less
Chapter 3 moves to the analytical presentation of Joseph Weiler’s version of constitutional pluralism. In stark contrast to epistemic pluralism, this version seeks to build a particular external substantive balance between the two confronting constitutional identities, the nation-state and the European one. The substantive balance is emphatically about the content (the what) of the constitutional discourse, but is such that it claims not to unduly emphasize one substantive identity over the other. This is what is meant by pluralism. In contrast to epistemic pluralism, this necessarily implies a great degree of commensurability between the authority and knowledge claims coming from the distinct constitutional orders in Europe. Explicating this approach, Weiler’s multiple different individual contributions are pulled together in a particular way so as to cohere his concrete conception of pluralism for the first time. The chapter ends by identifying a cluster of different ultimate values underpinning such an approach.
