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Journal Cover European Law Journal
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   Hybrid Journal Hybrid journal (It can contain Open Access articles)
   ISSN (Print) 1351-5993 - ISSN (Online) 1468-0386
   Published by John Wiley and Sons Homepage  [1589 journals]
  • The evolution of the political criteria for accession to the European
           Community, 1957–1973
    • Authors: Ronald Janse
      Abstract: This article describes the evolution of political conditions for accession to the European Community from 1957 to 1973 on the basis of the responses of the Community and national parliaments to applications for association (Article 238 EC Treaty) and membership (Article 237 EC Treaty) and to a US foreign policy initiative. It challenges the thesis that the European Community was originally uninterested in the political nature of its members as long as they were non-communist and that the Community made a volte face in 1962 in reaction to a request for an association agreement by Franco's Spain. It argues that the Copenhagen political criteria, except minority protection, were firmly established by 1973 after a series of pronouncements and decisions by the European Parliament, national parliaments (both 1962), the Commission (1967) and the Council (1973). The article aims to contribute to the early history of the constitutionalization of the Union and discusses how demands from outsiders prompted the Six to define the constitutional requirements for (candidate) members. It is partly based on new archival research.
      PubDate: 2017-10-18T04:45:28.19083-05:0
      DOI: 10.1111/eulj.12253
  • Issue information
    • Pages: 309 - 309
      Abstract: No abstract is available for this article.
      PubDate: 2017-11-28T02:55:54.356098-05:
      DOI: 10.1111/eulj.12190
  • European transformations: Are the crises really over or is it just the end
           of their beginning'
    • Authors: Hauke Brunkhorst; Monika Eigmüller, John Erik Fossum
      Pages: 310 - 314
      PubDate: 2017-11-28T02:55:51.715011-05:
      DOI: 10.1111/eulj.12257
  • De-constitutionalisation and majority rule: A democratic vision for Europe
    • Authors: Fritz W. Scharpf
      Pages: 315 - 334
      Abstract: European integration has long relied on the democratic legitimacy of its Member States without paying much attention to the increasing importance of its multilevel governing processes. At this time, however, Europe is caught in the intersection of multiple crises, all of which—Brexit as well as the euro crisis, the refugee crisis as well as the crises in Europe's relations with its Eastern and Southern ‘near abroad’—are challenging the effectiveness as well as the democratic legitimacy of government on European and national levels. These dual challenges are connected: Democratic legitimacy presupposes effective governing and problem-solving capacity. Hence the failure of output legitimacy may undermine or even destroy the possibility of input legitimacy—a risk for which the fate of the Weimar Republic remains a most disturbing memento. At the same time, however, the lack of input legitimacy in the present European context will constrain and may ultimately destroy the effectiveness of measures based on non-accountable supranational authority.
      PubDate: 2017-11-28T02:55:52.770635-05:
      DOI: 10.1111/eulj.12232
  • A curtain of gloom is descending on the continent: Capitalism, democracy
           and Europe
    • Authors: Hauke Brunkhorst
      Pages: 335 - 349
      Abstract: The democratic and social states of the EU (together with other OECD countries) have transformed capitalism. This was also due not only to national but also to the impressive advances of transnational constitutionalism. Great parts of the means of production have been socialised or partly socialised. Finally, the democratic and social states of Europe did not turn to socialism, but became a new formation of democracy with socialist characteristics, and that for the time being was the only formation of modern democracy that ever worked. However, democratic social welfare capitalism has suffered from two problems: secular stagnation and horizontal exclusion. Aggressive neoliberalism, politically and theoretically well prepared, took its chance and changed the direction of the evolution of world society. The last 40 years witnessed a great transformation from full-fledged market-controlling democracy to market-conforming post-democracy. However, in Europe, political alternatives between social and neoliberal models remained open until the establishment of a common currency without legislator and government, which had the unintended effect of excluding all alternatives to neoliberalism once it was established under the rule of competition law that became the substantial (factual) constitution of Europe. The global economic crisis of 2008 caused a state of permanent crises in Europe, which at present are managed by an ever more exceptional regime of technocrats and experts. It would seem that either democracy comes to an end in Europe and in all of its Member States or Europe becomes the first transnational regime that is not less but more democratic and social than its former Member States.
      PubDate: 2017-11-28T02:55:54.395394-05:
      DOI: 10.1111/eulj.12237
  • Beyond the crisis: The societal effects of the European transformation
    • Authors: Monika Eigmüller
      Pages: 350 - 360
      Abstract: The European Union has been in crisis mode for a decade now. Both the global economic and financial crisis of 2009 and, more recently, the so-called “refugee crisis” have clearly revealed the serious institutional misalignments of the EU, its absence of intergovernmental solidarity, and the fragility of a European construction that has achieved little more than the creation of a common market. The EU's failure to successfully meet these challenges has led to a serious crisis of confidence, triggering widespread popular distrust of the EU and its institutions and suspiciousness towards politics and political decisions in general. At the same time, and somewhat paradoxically, Europeans still express support for the EU; furthermore, there are tangible shows of solidarity between European citizens. Thus, contrary to the common assumption, the lack of social integration matters considerably less than institutional misalignment and a failing process of system integration in accounting for the EU's current crises and challenges. Thus it seems important to look more closely at the type of social integration involved, given the uncertain institutional supports. The question facing Europe today is what kind of trust and affective European attitude and sense of belonging that will sustain over time.
      PubDate: 2017-11-28T02:55:53.32575-05:0
      DOI: 10.1111/eulj.12258
  • European federalism: Pitfalls and possibilities
    • Authors: John Erik Fossum
      Pages: 361 - 379
      Abstract: The purpose of this article is to show that federalism provides a better understanding of what the EU is, the nature of the challenges facing it, and the realm of possible solutions than do alternative conceptions such as multilevel governance. First, some important distortions about the EU and federalism in the EU studies literature need to be cleared up, before developing a new federal conception of the EU, that of a ‘poly-cephalous’ or multi-headed federation. A poly-cephalous federation is not only deeply contested; it is a highly unstable system, in particular when facing the types of challenges that the EU has faced since the global economic crisis of 2008. In the final section, the article looks at a full-fledged pluralistic federation with poly-cephalous traits, namely Canada that, since the 1980s, has greatly modified its poly-cephalous features with democratic effects. The article identifies a set of lessons for the EU from Canada's experience.
      PubDate: 2017-11-28T02:55:54.803691-05:
      DOI: 10.1111/eulj.12250
  • From transconstitutionalism to transdemocracy
    • Authors: Marcelo Neves
      Pages: 380 - 394
      Abstract: This article relates to the author's project “transdemocracy”. It starts with a discussion of “transconstitutionalism” and its limits. Transconstitutionalism concerns the fact that multiple legal orders of the same or different kind are simultaneously involved with the same constitutional issue or case, i.e. issue or case concerning basic rights or legal limitation and control of political power. Constitutional problems, thus go beyond the state and entangle several legal orders, although no new constitution arises in this context. The article points out the limits of transconstitutionalism in an asymmetric world society so as to seek new alternatives beyond it. Two alternatives are considered: post-constitutionalism, which demands transcendence of today's world society and thus negate constitutionalism in general, and transdemocracy, which is rather immanent to our social formation and claims to be complementary to transconstitutionalism. Because the author prefers the second alternative, the article begins to outline an approach to transdemocracy that goes across state boundaries and beyond “We the People”, that is popular sovereignty, in order to emphasize the sustainable responsiveness for other peoples in the same world society. It is a question of sustainability of democracy. In this context, the author intends to develop an ecological approach to democracy with the background of Niklas Luhmann's systems theory, but from a heterodox, critical perspective.
      PubDate: 2017-11-28T02:55:55.267956-05:
      DOI: 10.1111/eulj.12259
  • The current crisis of Europe: Refugees, colonialism, and the limits of
    • Authors: Gurminder K. Bhambra
      Pages: 395 - 405
      Abstract: ‘Cosmopolitan Europe’, the normative commitment that is widely understood to undergird the project of the European Union, is under threat as never before. This is manifest perhaps most prominently in Europe's collective failure to respond to the refugee crisis. As people flee war and destruction, we, in Europe, debate whether now is the time to give up on our human rights commitments. France is under a state of emergency and the UK in the process of withdrawing from the European Union and its associated institutions (including the European Convention on Human Rights). Voices have been raised against the burdens, financial and social, placed upon us by those we see as Other, with few public voices calling for Europe to remember its traditions of hospitality and stated commitments to human rights. In this article, I discuss the growing distance between the claims and practices of European cosmopolitanism, its roots in our shared colonial past, and the implications for the future.
      PubDate: 2017-11-28T02:55:52.392748-05:
      DOI: 10.1111/eulj.12234
  • Revisionism as a logic of institutional change
    • Authors: Jonathan White
      Pages: 406 - 416
      Abstract: How does a treaty-based organisation account for its shifts in policy and procedure' With the European Union's history in focus, the paper observes a pattern of evolution by which departures from existing practice are justified as moves to better honour commitments already held. This logic of change-as-fidelity has long been the usual way of doing transnational politics in post-war Europe. The concept of revisionism, borrowed from the study of innovation in purposive organisations more generally, elucidates its place in the early European Community. The paper goes on to examine how more recent developments, especially visible in the Euro crisis, challenge this logic of change and threaten to displace it. It concludes by discussing what this implies for the political nature of the EU, and whether the revival of the revisionist method is plausible or desirable.
      PubDate: 2017-11-28T02:55:53.648217-05:
      DOI: 10.1111/eulj.12233
  • European crises of legally-constituted public power: From the ‘law of
           corporatism’ to the ‘law of governance’
    • Authors: Poul F. Kjaer
      Pages: 417 - 430
      Abstract: The ‘turn to corporatism’ in the interwar period implied an erosion of the fragile institutionalisation of legally-constituted public power due to its suspension of the legal infrastructure of society and the concomitant breakdown of the distinction between the public and private realms of society. The dual (trans-)national re-constitution of Western Europe in the years immediately after the Second World War, which the European integration process was an integrated part of, successfully remedied this development. However, over the last decades, Europe has experienced a ‘turn to governance’, which also implies an erosion of the distinction between the public and private realms, and increasingly challenges the normative integrity and functional capacity of law. This development has been further reinforced by the new post-crisis legal and institutional architecture of the EU as it implies the emergence of a ‘dual Union’ partly based upon formality and partly upon informality and an increased suspension of open-ended democratic decision-making.
      PubDate: 2017-11-28T02:55:53.95479-05:0
      DOI: 10.1111/eulj.12230
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