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Constitutionalizing Governing and Governance in Europe

Constitutionalizing Governing and Governance in Europe The EU is a structure positioned “in-between” hierarchically organized nation-state governing structures and heterarchically structured global governance structures. Thus, the EU is a hybrid which relies partly on governing and partly on governance. This two-dimensionality is a central reason why the question of the constitutional character of the EU remains fundamentally unresolved. Thus, it is proposed that the EU should aim for developing a constitutional form aimed at alleviating the tensions inherent in the European construction through a conflict of laws approach. In order to respect the hybridity of the Union, such an approach, however, will have to be based on a three-dimensional conflict of laws concept. It would have to take account of horizontal conflicts between territorial units, vertical conflicts between the EU and its member states, and also horizontal conflicts between the functionally differentiated structures of the wider society. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Comparative Sociology Brill

Constitutionalizing Governing and Governance in Europe

Comparative Sociology , Volume 9 (1): 86 – Jan 1, 2010

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References (34)

Publisher
Brill
Copyright
© Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1569-1322
eISSN
1569-1330
DOI
10.1163/156913210X12535202814478
Publisher site
See Article on Publisher Site

Abstract

The EU is a structure positioned “in-between” hierarchically organized nation-state governing structures and heterarchically structured global governance structures. Thus, the EU is a hybrid which relies partly on governing and partly on governance. This two-dimensionality is a central reason why the question of the constitutional character of the EU remains fundamentally unresolved. Thus, it is proposed that the EU should aim for developing a constitutional form aimed at alleviating the tensions inherent in the European construction through a conflict of laws approach. In order to respect the hybridity of the Union, such an approach, however, will have to be based on a three-dimensional conflict of laws concept. It would have to take account of horizontal conflicts between territorial units, vertical conflicts between the EU and its member states, and also horizontal conflicts between the functionally differentiated structures of the wider society.

Journal

Comparative SociologyBrill

Published: Jan 1, 2010

Keywords: European integration and constitutionalization; conflict of laws; systems theory; governance; democracy; legitimacy

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