We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

EU Constitutional Law - Essay Example

Comments (0)
The EU's competence in respect of effective and democratic governance has been constantly under scrutiny. The main drawback to EU governance was its restricted decision making due to the Member States' veto powers, collective action problems for private interest groups and the regulatory competition triggered by the single market programme…
Download full paper

Extract of sample
EU Constitutional Law

Download file to see previous pages... The frustration with integration theories was due to, first, the scope of the study of integration, second, the participants who were effectively engendering integration and third, the process or mechanism of integration. This approach indicated the importance of certain factors, which had been omitted in the initial assessment. Despite, rejection by the intergovernmental conference, the proposed introduction showed that the Convention's aim was to vitalize the idea of democracy. The democratic constitution of the European Communities was considered unimportant and unnecessary by many scholars who felt that an internal market endorsed individual freedom1. In spite of this, the EU's transformation from purely economic to political cooperation has necessitated such thinking.
The Amsterdam Treaty2 has incorporated democracy as a fundamental value into the foundational treaties3. Article 2 of the Treaty Establishing a Constitution for Europe4 (CT) lists democracy as a central value of the Union and Articles 1- 47 buttresses this notion under the title "The Democratic Life of the Union" as representative5 and participatory6 democracy.
Although, the necessity of democratic governance is universally recognized its discourse, premises and content are frequently discussed7. The holistic approach is based on society and the assumption that there exists a common good which differs from the aggregate of all individual interests. The subject of legitimacy in the individualist position refers to the individual and hence, the aim of public policy is to promote individual interests. A state-centered collectivist approach deters further integration and limits decision-making to the national parliaments8. Hence, at the European level, the Council of Ministers have to play a vital role and from an individualistic perspective and the European Parliament, which represents the European citizenry is the main organ for obtaining democratic legitimacy9.

The holistic legitimacy concept justifies the state-centered democratic vision, which states that only national peoples are subjects of legitimacy. Since, minorities accept majority decisions only if the citizenry has a certain national homogeneity, legitimacy has to be derived from national parliaments. Hence, absence of a European demos is a hurdle to further integration. The legitimacy of the state-centered, collectivist approach is dubious as no relationship exists between society and the nation state10, which is independent of a national or homogenous group11 or a cultural, religious or social consensus.
Constitutional Treaty and Legitimacy.
Article 2 CT lists dignity and individual liberty in the Union's fundamental values with the individualistic concept of democracy being adopted theoretically and it accords center stage to the individual in the European legal order, which is further strengthened by the guarantee of equality prescribed in Articles 2 and 45 CT. These provisions grant European citizens equal rights, rendering mediation of citizen's rights by a state or nation unnecessary. Therefore, the guarantee of liberty and equality exemplify that the European Constitution is based on an individualistic concept of democracy12. Article 1 (1) CT, lists the will of the member states to build a common future beneath ...Download file to see next pagesRead More
Comments (0)
Click to create a comment
EU Law
The big question nowadays in Europe is that who actually has the power in the EU triangle? European commission, the council of ministers or European parliament (EP) in the European Union?
9 Pages(2250 words)Essay
The efficacy of the principle of supremacy of EU law depends on its reception in national constitutional courts. Discuss
It is clearly stated in the European Court of Justice case law that the Community law is above the national laws of the member states, and this includes the fundamental standards of their state constitutions. It is important to note that the precise scope and basis of supremacy has been leading in both academic and judicial debates.
10 Pages(2500 words)Essay
Influences of EU Laws on UK Laws
The superiority of the EU law over domestic UK laws enables various EU Directives to have a direct impact on the English legal system. EU directives normally prompt the UK to enact domestic laws that allow for the smooth implementation. The requirement that the UK must comply with various articles of the EU treaty and directives has basically placed the country in a position to operate in line with the EU law whether or not a domestic legislation to that effect is in place.
11 Pages(2750 words)Essay
Constitutional Law
Before analysing it in the context of latest international developments in the political landscape, let us get a bird’s eye view of the history of constitutional law and supremacy of parliament over
8 Pages(2000 words)Essay
Constitutional Law of the EU
A directive is a mandatory compliance instrument issued to the country to which it has been addressed and cannot be invalidated under normal circumstances. “Directives only apply in those member states to which they
4 Pages(1000 words)Essay
Constitutional Law of the EU
The Member States must incorporate the Directives issued by the Commission into their national law completely, correctly and within the stipulated time1. Furthermore, they have to apprise the Commission about the steps and
8 Pages(2000 words)Essay
Constitutional law
der which certain rules and laws can change with the times often leave scholars and critics categorizing the functions of the constitution and even questioning whether some countries possess a constitution or is ruled under another form of government. One could agree with FF
8 Pages(2000 words)Essay
LL2012C/N Constitutional Law of the EU
By virtue of this tenet of EU law, parties to “legal proceedings” are at liberty to invoke and rely on EU law in domestic courts.2 In fulfilling its obligations
10 Pages(2500 words)Essay
Constitutional Law of the EU
Indeed, Lord Denning MR presiding in the case of H.P Bulmer Limited v J Bollinger SA2 asserted that the effect of the ECA was to ensure that “any rights
8 Pages(2000 words)Essay
U2 Are you listening
Conversely, the interactive voice response provides information that the company chooses to make available to the customer. The company does not use scripts since the agents are expected to have excellent customer service skills, which is provided
1 Pages(250 words)Coursework
Let us find you another Essay on topic EU Constitutional Law for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us