Jurisprudential Dilemmas of European Law |
| |
Authors: | Van Roermund Bert |
| |
Affiliation: | (1) Schoordijk Institute for Jurisprudence and Comparative Law, Faculty of Philosophy, Tilburg University, P.O. Box 90153, 5000 LE Tilburg, The Netherlands |
| |
Abstract: | Making a first sketch of philosophical issues arising fromEuropean Community law I want to present a series ofmore or less obvious, and more or less interrelated dilemmas,or even double binds.(i) Deepening the community becomes incompatible withwidening membership. (ii) National states seem bothnecessary for and obstructive in articulating transnationalproblems. (iii) The more democracy is needed as a warrantfor the public exercise of political power in Europe, themore the very concept of democracy on a European scaleevades understanding. (iv) European unity presupposes aunifying rule of law, while member states have radicallydifferent conceptions of this principle. (v) Even the verycore of European integration, the common market, is subjectto two conflicting and, indeed, incompatible doctrines ofcompetition. In explaining the nature of each dilemma I willtry to take my cue from the Maastricht Treaty wherever thisseems suitable. Then I will elaborate on the jurisprudentialproblems involved in it. Finally, each section will be closedby an attempt to state the nature of these problems inphilosophical terms. |
| |
Keywords: | common market democratic deficit European citizenship European law identity of Europe |
本文献已被 SpringerLink 等数据库收录! |
|