The Standing of States in the EU

TRANSNATIONAL CONSTITUTIONALISM: INTERNATIONAL AND EUROPEAN MODES, N. Tsagourias, ed., Cambridge: Cambridge University Press, Forthcoming

Oxford Legal Studies Research Paper No. 36/2006

41 Pages Posted: 31 Jul 2006  

Pavlos Eleftheriadis

University of Oxford - Faculty of Law

Abstract

Many European Union lawyers believe that we ought to compare EU law to constitutional law and the European Union's institutions to those of a state. They therefore import the concepts of democratic deficit, fundamental rights and citizenship into the conceptual apparatus of EU law. The Court of Justice of the European Communities broadly endorses the analogy. Nevertheless, the state analogy leaves much unexplained. A closer look at the allocation of powers between states and the institutions, the law on competences and subsidiarity and even the institutional design envisaged by the draft European Constitution shows that the Union is fundamentally different from a constitutional legal order. When seen in its entirety, the constitutional architecture of the European Union exhibits a persistent respect for the standing and powers of states in a way that is unique to the Union. This particular standing of states in EU law cannot be accommodated by the state or constitutional analogies.

Suggested Citation

Eleftheriadis, Pavlos, The Standing of States in the EU. TRANSNATIONAL CONSTITUTIONALISM: INTERNATIONAL AND EUROPEAN MODES, N. Tsagourias, ed., Cambridge: Cambridge University Press, Forthcoming; Oxford Legal Studies Research Paper No. 36/2006. Available at SSRN: https://ssrn.com/abstract=921184

Pavlos Eleftheriadis (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

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