European Constitution and European Evolution: Why Does the ECJ Matter?
Sant' Anna Legal Studies STALS Research Paper No. 4/2009
20 Pages Posted: 7 Feb 2009 Last revised: 19 Aug 2009
Date Written: February 7, 2009
This paper is divided into two parts: in the first part, by adopting the "constructivist" approach to constitutionalization, I am going to describe the feeling of fragmentation which would characterize the EU after the national referenda. In the second part - after changing the perspective - I am going to show how the ECJ has reacted to the centrifugal judicial forces which would threaten the interpretive monopoly of the master of treaties. As we will see, the change of the perspective (from that viewpoint of the political sources of law to that of the cultural sources of law) implies a different evaluation of the current phase of EU integration and this factor allows us to overcome (partially at least) the sense of disappointment which seems to characterize the main literature currently.
Keywords: European Constitution, evolution, integration, European Court of Justice, constitutional pluralism
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