Warning

Administration or Federation? Constitutional Self-Image and the World Political Order in Which the EU Finds Itself

Written by Ming-Sung Kuo   
In this article, I compare constitutional and administrative models in terms of their implications for the EU legal order’s interaction with other legal regimes. I aim to make a twofold argument on the implications of the EU’s constitutional self-image to the world political order. First, as the CJEU adopts an identity-centred strong constitutionalist position on the Union’s external relations, it implicitly frames the EU legal order’s interaction with other legal regimes as in a federated order. Yet the strong political implications of federation are likely to bring about more inter-regime conflicts and provoke reactions from Member States. Second, I provide a critique of the administrative model in the light of GAL’s intervention in inter-regime relations, suggesting a post-identity constitutional alternative in times of crisis. Freed from the value-laden concept of constitutional identity, but without de-constitutionalizing itself, the EU can have the benefits of both the constitutional and administrative models by moving towards a weak-form constitutional order. In the event, the debate, as to whether to conduct the EU’s external relations according to the constitutional or the administrative model, is misconceived.
Download this file (download.pdf)download704 Kb
Comments
Add New comment
Name:
Email:
 
Website:
Title:
 
Please input the anti-spam code that you can read in the image.

!joomlacomment 4.0 Copyright (C) 2009 Compojoom.com . All rights reserved."

Published on Wednesday, 25 October 2017 08:00
Last Updated ( Wednesday, 25 October 2017 08:04 )
 
© 2009 - 2012 - Centro Studi sul Federalismo - P. IVA 94067130016