Can Disintegration Be Democratic? The European Union Between Legitimate Change and Regression

Patberg, Markus

doi:10.1177/0032321719870431

Cited by 12 publications

(14 citation statements)

References 47 publications

(40 reference statements)

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“…Thus, targeted disintegration can not only be a legitimate response to forms of “runaway integration,” but also has inherent democratic credentials (cf. Patberg 2020b , 587–8). Moreover, it is possible to be both committed to the goal of an “ever closer union” and to pursue limited and deliberate reversals of European integration in order to strengthen the (legitimacy of the) overall process.…”

Section: Toward a Democratic Response To Emergency Politics In The European Unionmentioning

confidence: 99%

Emergency Politics After Globalization

Heupel

Koenig‐Archibugi

Kreuder-Sonnen

et al. 2021

International Studies Review

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Exceptional times call for exceptional measures—this formula is all too familiar in the domestic setting. Governments have often played loose with their state's constitution in the name of warding off an urgent threat. But after decades of increasing interconnectedness and emerging transnational governance, today one sees new forms of emergency politics that are cross-border in range. From the European Union to the World Health Organization, from supranational institutions to state governments acting in concert, the logic of emergency is embraced in international contexts, with Covid-19 the latest occasion. This Forum offers an entry-point into this emerging phenomenon. Taking as its point of departure two recent books, it examines the origins, forms, effects and normative stakes of emergency politics beyond the state. Among the matters discussed are the concept of emergency politics, the historical context of its contemporary forms, the patterns of decision-making associated with it, the implications for the legitimacy of transnational institutions, and the constitutional and political ways in which it might be contained. Transnational emergency politics seems likely to remain a central feature of the coming years, and our aim is to further its study in international relations.

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Section: Toward a Democratic Response To Emergency Politics In The European Unionmentioning

confidence: 99%

Emergency Politics After Globalization

Heupel

Koenig‐Archibugi

Kreuder-Sonnen

et al. 2021

International Studies Review

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“…As I have argued elsewhere, reversals of European integration are democratically ambivalent. While disintegration can under certain conditions enhance citizens’ political autonomy, for example, if it serves to abolish democratically deficient rules or institutions, it can just as well diminish or even eliminate possibilities for self‐government (Patberg 2020a). But what exactly are the positive and negative effects that we may have to reckon with?…”

Section: Towards a Systematic Theory Of Democratically Legitimate Disintegrationmentioning

confidence: 99%

The Democratic Ambivalence of EU Disintegration: A Mapping of Costs and Benefits

Patberg

2021

Swiss Political Sci Review

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Since Brexit, there has been increasing interest in democratic theory in the question of the conditions under which reversals of European integration can be considered legitimate. So far, however, the literature is very much focused on the specific case of the United Kingdom’s withdrawal from the European Union. In this article, I seek to prepare the ground for a systematic theory that clarifies, at a general level, the scope and limits as well as the actors and procedures of democratically legitimate disintegration. To that end, I map the potential democratic costs and benefits of EU disintegration. In doing so, I distinguish five types of disintegration: retreat, revocation, exit, expulsion, and dissolution. All of these measures can produce conflicts between the democratic claims of citizens and peoples. Many of these cannot be resolved but must be dealt with politically. Overall, disintegration bears more potential costs for citizens than for peoples.

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“…However, if avoidance non‐compliance is widespread or persistent, it may point to a need for differentiated disintegration – i.e. rolling back the application of certain legal instruments either in particular member states, or across the board (Patberg 2020).…”

Section: Strategies Of (Non‐)compliance With Eu Lawmentioning

confidence: 99%

Wilful Non‐Compliance and the Threat of Disintegration in the EU’s Legal Order

Scicluna

2021

Swiss Political Sci Review

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This article focuses on the problem of wilful non‐compliance with EU law and the threat it poses of (partial) disorderly disintegration within the EU’s legal order. Taking the example of migration and asylum policy following on from the 2015 migration crisis, I posit differentiated integration (DI), which occurs through processes that are formally mediated and collective, and non‐compliance, which is unmediated and unilateral, as alternative strategies for member states which are unwilling to accept further integrative steps. While DI does carry costs, including the risk of legal fragmentation, I argue that it is a valuable tool for pre‐empting wilful non‐compliance – a phenomenon which both exposes and compounds the normative limits of EU law and is, consequently, more corrosive of the EU’s legal order. Thus, the article suggests that the EU ought to be more open to DI, especially when legislating in policy areas that are highly politicised.

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Can Disintegration Be Democratic? The European Union Between Legitimate Change and Regression

Cited by 12 publications

References 47 publications

Emergency Politics After Globalization

Emergency Politics After Globalization

The Democratic Ambivalence of EU Disintegration: A Mapping of Costs and Benefits

Wilful Non‐Compliance and the Threat of Disintegration in the EU’s Legal Order

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