The Tangled Complexity of the EU Constitutional Process: The Frustrating Knot of Europe

The Tangled Complexity of the EU Constitutional Process offers a fresh perspective on the EU constitutionalization process, highlighting the tension between constitutional evolutionism and constructivism, the functional nature of conflicts, and the prodigiousness of European law. It will be of interest to academics and students in law, international relations, and political science.

Format: Hardback
Length: 218 pages
Publication date: 05 August 2022
Publisher: Taylor & Francis Ltd

The EU's constitutionalization process is explored in a fresh light in the latest edition of The Tangled Complexity of the EU Constitutional Process. Three key themes are covered: the concept of constitutional complexity, the conflict between constitutional evolutionism and constitutional constructivism in the process of European integration, and the functional nature of conflicts in the evolution of the EU. Due to its vastness, European law causes consternation among constitutionalists accustomed to traditional power structures.

This book contends that while constitutional conflicts have often been portrayed as disruptive elements on the road to legal coherence, they are, in fact, physiological and may even be beneficial to the development of the European legal order, which should not be understood in a deterministic manner. Academics and students in the fields of law, international relations, and political science will find this edition particularly interesting.

The EU's constitutionalization process is a complex and multifaceted endeavor that has been shaped by a variety of political, economic, and social factors. The process began in the early 1950s with the establishment of the European Coal and Steel Community (ECSC) and the European Economic Community (EEC), which were later expanded to include other European countries.

One of the key challenges facing the EU in its constitutionalization process is the need to balance the demands of member states with the need for a unified and coherent legal framework. This has led to a tension between constitutional evolutionism and constitutional constructivism, with some arguing that the EU should be guided by a set of fundamental principles and values, while others argue that the EU should be more flexible and adaptable to changing circumstances.

Another challenge is the issue of democratic legitimacy and accountability. While the EU has a democratic mandate from its member states, there are concerns about the level of democratic participation and decision-making in the EU's institutions. This has led to calls for greater transparency and accountability in the EU's decision-making processes, as well as for the development of a stronger role for national parliaments in the EU's legislative process.

The EU's constitutionalization process has also been influenced by a range of external factors, including the global political climate, the rise of new powers, and the evolving nature of international law. For example, the EU's response to the COVID-19 pandemic has highlighted the need for a more coordinated and effective response to global challenges, as well as the importance of a unified legal framework for the EU's member states.

In conclusion, the EU's constitutionalization process is a complex and multifaceted endeavor that requires a careful balance of competing demands and interests. While there are many challenges facing the EU in its constitutionalization process, there are also opportunities for the EU to develop a stronger and more effective legal framework that can help to promote peace, stability, and prosperity in Europe and beyond.

Weight: 600g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367467036
Edition number: 2 ed