A rightful condition for Europe

Abstract

In Europe, the integration process has domesticated international relations, safeguarded member-states’ democracies, and enabled collective action and supranational problem-solving. It has brought about the European Union (EU) and a democratic ‘surplus’. How has this been possible when the binding effect of EU law is grounded neither in the sovereign’s monopoly on power at the European level nor in the final decision-making authority of the EU? An answer to this puzzle is found in the fact that a public coercive framework has been established, which aims at solving the indeterminacy and assurance problems facing international cooperation. The enabling condition of sovereignty is replaced by those of co-legislation and a binding judicial process. The latter creates reasons for deference to legitimate authority and hence a compliance condition. However, since the Union falls short of meeting certain democratic standards, oversteps competences, and is plagued with inertia, there is a call for constitutional reform.