Theory of European Union

European Law Review, Vol. 36, No. 6, pp. 818-836, December 2011

Posted: 24 Dec 2011

Date Written: December 23, 2011


After so many years and despite numerous theoretical answers, the question of the exact legal and political nature of European integration is still left unresolved. The purpose of this article is to rectify this obstinate theoretical gap by providing a new and better-fitting theoretical framework for the process of European integration. It is argued that uniqueness of this process can be best captured through the constitutional form of a union. It develops a theory which describes and explains the internal and external functioning of European integration better than the competing accounts, and makes certain appealing normative prescriptions. This theory demonstrates that sovereign states, even in the absence of homogeneity, can build up a functional and operational entity to promote their common interests, while simultaneously retaining their own selfhood.

Keywords: Federation, Confederacy, Union, Pluralism, European Union, Constitutional Theory

Suggested Citation

Avbelj, Matej, Theory of European Union (December 23, 2011). European Law Review, Vol. 36, No. 6, pp. 818-836, December 2011, Available at SSRN:

Matej Avbelj (Contact Author)

New University ( email )

┼Żanova ulica 3
Kranj, 4000

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