Demoicratic Authority : On the Nature and Grounds of the EU's Right to Rule.

Format:

Book

Author/Creator:

Weinzierl, Josef.

Series:

Studies of the Oxford Institute of European and Comparative Law Series

Language:

English

Subjects (All):

Legitimacy of governments.

European communities.

Physical Description:

1 online resource (232 pages)

Edition:

1st ed.

Place of Publication:

London : Bloomsbury Publishing Plc, 2024.

Summary:

This scholarly book examines the European Union's authority through the lens of 'demoicratic authority,' a moral standard for evaluating its legitimacy. It delves into the nature and grounds of the EU's right to rule, addressing challenges faced by the EU from growing nationalism and internal and external pressures. The work has theoretical significance and practical implications, offering insights into legitimacy challenges within the EU. It is tailored for legal scholars, theorists, and political scientists interested in EU law, political authority, and philosophical foundations. The book results from doctoral research at the Faculty of Law, University of Oxford, and contributes to the Studies of the Oxford Institute of European and Comparative Law series. Generated by AI.

Contents:

Intro

Cover

Title Page

Acknowledgements

Contents

List of Abbreviations

Table of Cases

Table of Statutes

Table of Other Primary (Legal) Sources

Introduction

I. Objectives

II. Previous Work

III. Scope and Limits

IV. A Brief Note on Structure

V. Conclusion

1. Authority Claims in Europe

I. Introduction

II. Understanding the Importance of Claims

III. Political Authority as Manifestation of Practical Authority

A. The Essence of Practical Authority: Binding Reasons to Act

B. Practical Authority as Normative Power between Counsel and Coercion

IV. The Specific Characteristics of Political Authority Claims

A. Law and its Institutions

B. Territoriality

C. Membership

D. Interim Conclusion

V. State Sovereignty and International Authority Claims: Two Ends of a Spectrum

A. State Sovereignty and Authority

B. International 'Authority' Claims?

i. The Applicability of the Concept 'Authority' Beyond the State

ii. Understanding International Authority

C. Interim Conclusion

VI. Empirical and Normative Legitimacy

VII. Authority and Political Obligation

A. From Legitimate Authority to Political Obligation

B. Prima-Facie Duties: Authority's Internal and External Limits

C. The Elusive Notion of Duty

VIII. Conclusion

2. An Authority Claim Over Peoples

II. The Many Labels of the EU's Authority Claim in the Literature

III. Why the EU does not Claim Sovereign Authority

A. Authority and Political Power

B. Of Distinct Hierarchies

C. Membership and Territory Beyond the State

D. Some Doubts about Divided Sovereignty

E. Interim Conclusion

IV. Why the EU does not Claim International Authority

A. On Mandates and Means of Authority

B. Identifying the Addressee

C. Interim Conclusion.

V. An Authority Claim Over Peoples

A. The EU's Authority Claim and Popular Self-Determination

B. Why the Peoples

VI. Conclusion

3. Institutional Reflections on the EU's Authority

II. Traces of Authority in the Treaties

A. The TFEU Preamble: Nucleus of a Union of Peoples

B. The TEU Preamble: Enriching Values

III. The Court: From Effective Contracts to Institutional Integrity

A. Effective Integration and a Role for the Citizen

B. After Lisbon: The ECJ's Restatement of EU Law's Authority

IV. The Commission: Delivering Benefits between Social and Moral Legitimacy

V. The EP: Input Legitimacy First

VI. The European Council: International Instrumentalism

A. Legitimacy Through Economic Output

B. From Enlargement to Strategic Autonomy: The More, the Merrier?

VII. National Constitutional Courts: Popular Consent

VIII. Conclusion: Theoretical Purity vs Institutional Reality

4. Potential and Limits of Current Models on the EU's Authority

II. Identifying the Source of the EU's Authority

III. Taking Stock: The Obscure Debate on the Moral Basis of the EU's Authority

A. The Role of Consent in the EU's Authority Architecture

i. Authority Through Consent

ii. Primary Law-Making as a Plausible Starting Point

iii. The Normative Limits of Member State Consent

B. Beyond Instrumentalism Beyond the State

i. Instrumental Authority

ii. Traces of Instrumental Authority in the EU

iii. The Case against Instrumental Authority

C. Political Obligation and Democratic Institutions

i. Democratic Authority

ii. Democratic Authority at the EU Level?

iii. Is the Sum Greater than its Parts?

D. The Recent Popularity of Values

i. Cosmopolitan Constitutionalism: On the Basis of Values.

ii. Values and the EU's Authority

iii. Evasive Values

E. Benefits and Burdens: Fair Play Beyond the State

i. Fair Play Theories

ii. Fair Play Theories in the EU

iii. The Demanding Argument of Fairness Grounded in Equality

iv. Fairness and Solidarity: A Promising Start

IV. Conclusion: Anarchy?

5. Demoicratic Authority I: The Theory

II. What is Demoicracy and Why Do We Need it?

III. Demoicratic Authority Explained

A. The Values Rooting Demoicratic Authority

i. The Right Result where there is no Best Result: Deliberation

ii. Republican Non-Domination Beyond the State

iii. The Equality of Peoples

B. The Essence of EU Law's Authority

IV. Political Obligation in the EU

A. Who Has a Duty to Obey EU Law?

B. Different Agents - Different Duties

C. To Whom Do We Owe the Duty to Obey EU Law?

V. The Limits of Demoicratic Authority

A. Democratic Self-Government as External Limit

B. The Internal Limits of (Mainly) Procedural Authority

6. Demoicratic Authority II: The Practice

II. The Potential and Limits for Deliberation

A. Disagreement and Deliberation

B. Judicial Review

C. Deliberation in EU Secondary Law-Making

D. Undermining EU Law-Making Through International Arrangements

III. The Struggle for Non-Domination and Equality

A. Primacy and Direct Effect as Enabler of Equality

B. (Systemic) Non-Compliance and the Constitutional Courts' Use of Review Mechanisms

C. Uneven Application of EU Law in Brussels and at Home

IV. A Guide to Navigate Conflicts

Bibliography

Index

Copyright Page.

Notes:

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ISBN:

1-5099-6505-X

OCLC:

1413457745