The Way We Do Europe: Subsidiarity and the <i>Substantive</i> Democratic Deficit

Bartl, Marija

doi:10.1111/eulj.12115

Cited by 26 publications

(10 citation statements)

References 3 publications

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“…The internal market as the founding value is protected with true ferocity. The EU has been very effective in mobilising the discourse of knowledge and expertise, 82 or of bright unchallengeable goals, 83 to discredit claims of political (and also legal) contestation of its law 84the emergence of jurisdictio from within is as difficult as sourcing it from the (blocked) external scrutiny.…”

Section: Eu Law's Scrutiny From Within: the Union's Valuesmentioning

confidence: 99%

Dialogical Rule of Law and the Breakdown of Dialogue in the EU

Kochenov,

van Wolferen

2018

SSRN Journal

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Dialogue between different jurisdictional levels within complex constitutional systems is constantly ongoing. Within the EU, this dialogue is an indispensable condition for the functioning of the Rule of Law, described as the tension between gubernaculum (the body of positive law) and jurisdictio (the principles of law beyond the sovereign's reach). Unlike other constitutional systems where the dialogue between the legislature and the judiciary plays the crucial role, the interaction between national courts and the Court of Justice of the EU is the only way through which the EU can be precluded from becoming a self-defining, tyrannical, constitutional order. As national courts seek to protect their constitutional values, they supply an important source of jurisdictio. Although the EU system offers a wider understanding of dialogical frameworks, it is under threat of dissolution. Where the Court of Justice feigns to cherish this inter-judicial dialogue, in reality it relies on its own supremacy to construct the EU.

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Section: Eu Law's Scrutiny From Within: the Union's Valuesmentioning

confidence: 99%

Dialogical Rule of Law and the Breakdown of Dialogue in the EU

Kochenov,

van Wolferen

2018

SSRN Journal

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“…82 There is no discussion of the potential impact of the one-sided support of digital sales over analog sales on society at large. 83 The history of the privatisation of public services and its impact on society should serve as a reminder. 84 One might wonder where the European Commission takes its legitimacy from.…”

Section: The Digital Single Market-competition Revitalisedmentioning

confidence: 99%

The Transformation of Private Law Through Competition

Micklitz

2016

European Law Journal

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This paper traces the changing role of competition and its effects on private law in three different stages of the Internal Market project: (1) the promotion of competition in the original Internal Market both via contracts (competitive contract law) and through competition among legal orders (Common European Sales Law); (2) the suspension of competition in the face of financial crisis; and (3) the revitalisation of competition in the Digital Single Market. Private law-broadly understood as regulatory private law-is being deployed to achieve competing, if not conflicting, policy goals. At this stage, it is not possible, nor would it be desirable, to provide a coherent account of these phenomena. Clear-cut overarching values cannot be identified either. Transformation through competition is just another take on European experimentalism.

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“…It is not easy to assess the impact of the EWS because it cannot only be measured by the number of yellow cards. Nonetheless, given the functional pull exercised by European institutions in the exercise of their legislative powers, a more assertive role played by national parliaments on the use of this mechanism might disrupt the link between the realisation of the internal market and the tamed character of European representative law-making (Bartl 2015b). The principle of subsidiarity has been interpreted in a functional way, that is, as a normative instrument for adjudicating on which institutional level is best suited for carrying forward the realisation of specific aims.…”

Section: The Contribution From the Npsmentioning

confidence: 99%

Parliaments, Public Opinion and Parliamentary Elections in Europe

2015

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The contributions collected in this Max Weber Working Papers Special Issue were first delivered at a conference held at the European University Institute and jointly organised by the Max Weber Programme for Postdoctoral Studies and the Robert Schuman Centre of Advanced Studies in March 2015 on 'Parliaments and parliamentary elections in Europe'. Following the transformations undertaken by the European and national parliaments after the Treaty of Lisbon, the 2014 European elections, the unprecedented politicization and the challenges posed to representative democracy by the Eurozone crisis, the Special Issue aims to investigate three intertwined themes. (I) Parliamentary representation: European and national at the same time?; (II) national parliaments in EU policymaking; and (III) dynamics of Euroscepticism and its effects on law-making. In particular the papers deal with the ability of parliaments to democratically represent people in the European Union today and to affect the European integration process, with the asymmetric involvement of national parliaments in the EU, their dynamics of cooperation as well as between them and the European Parliament, and finally, with the implications on EU democratic legitimacy of recent developments regarding parliamentary input provided at a very early stage of the European policymaking. Other issues, such as transposition and the representation of eurosceptics in the European Parliament are also dealt with.

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The Way We Do Europe: Subsidiarity and the Substantive Democratic Deficit

Cited by 26 publications

References 3 publications

Dialogical Rule of Law and the Breakdown of Dialogue in the EU

Dialogical Rule of Law and the Breakdown of Dialogue in the EU

The Transformation of Private Law Through Competition

Parliaments, Public Opinion and Parliamentary Elections in Europe

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