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By Erik Od Eriksen

To many, the rejections of the Constitutional Treaty through Dutch and French electorate in 2005 got here as a surprise. besides the fact that, given the various tensions and the numerous unresolved matters it used to be really unsurprising. The demanding situations dealing with the Constitutional debate visit the center of the eu integration approach as they must do with the phrases on which to set up a post-national political order. This booklet offers with 4 issues which make up the most resources of the ‘constitutional crisis’: the matter of the guideline of legislations in a context of governance past the kingdom kingdom the matter of the social deficit of the Union the matter of identification and collective stories the matter of institutionalizing post-national democracy. those subject matters represent the incomplete schedule of the ecu integration strategy. legislation, Democracy and unity in a Post-national Union relies at the efforts of a set of most sensible students within the fields of legislations, Political technological know-how, Sociology and Economics, and should entice scholars and students of political technology, the eu Union and eu reports.

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Extra info for Law, Democracy and Solidarity in a Post-national Union: The Unsettled Political Order of Europe (Routledge Studies on Democratising Europe)

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The point of departure is a reconstruction of the three theories combined with an uncovering of the schools of thought which they are built upon. It is argued that the theory of the regulatory state remains faithful to a Weberian worldview and hence to a concept of strategic rationality and an understanding of power as a teleological instrument of steering. In contrast, the theory of deliberative supranationalism revitalizes Jürgen Habermas’ critique of Max Weber’s onedimensional concept of rationality.

J. Habermas, The Divided West, Cambridge, MA: Polity Press, 2006, pp. 118ff. B. Peters, ‘Public Discourse, Identity and the Problem of Democratic Legitimacy’; G. Delanty, ‘The Quest for European Identity’, both in E. O. ), above note 23; K. Eder and B. Giesen (eds), European Citizenship: National Legacies and Transnational Projects, Oxford: Oxford University Press, 2001; G. Delanty, Inventing Europe: Idea, Identity, Reality, London: Macmillan, 1995; R. Viehoff and R. Segers (eds), Identität, Kultur, Europa, Frankfurt aM: Suhrkamp, 1999.

To counter this development, future treaty revisions could limit the introduction of comitology structures to policy areas which fall under the CM and which are characterized by shared competences. Ideally such a legal constraint should be combined with a reform of CM, which in its present form is overly rigid and cumbersome. The core element of the CM is the concept of institutional balance (IB). In the absence of alternatives, the present IB represents a pivotal safeguard mechanism, and should be maintained.

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