The European Union: A Polity of States and PeoplesThis book provides a general introduction to the European Union (EU) as an ever closer union of states and peoples. It describes how, from its origin in 1958 as an economic community of six states, the EU has grown into a political entity of 25 states with a population of more than 450 million. It also explains the constitution-making process that is currently taking place with a draft constitution now being submitted for ratification by the 25 member states. The book shows how the distinctive features of a democratic polity that characterize the separate EU member states are gradually replicated in the European Union and how the Union is on its way to becoming a democratic polity of its own kind. Van Gerven writes from a legal perspective, with an eye to political theory and recent American and European history, and with a diverse readership from both sides of the Atlantic in mind. |
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Contents
| 1 | |
| 7 | |
| 52 | |
| 62 | |
CONCLUSIONS | 98 |
The Rule of Law | 104 |
COMMUNITY LAW | 110 |
The Community Governed by the Rule of Law but Not Yet | 118 |
CONCLUSIONS | 253 |
COMPETENCES AND PROCEDURES IN THE DRAFT | 263 |
THE INSTITUTIONS DEMOCRATIC LEGITIMACY | 286 |
CONCLUSIONS | 305 |
PURE AND MIXED FORMS OF PRESIDENTIAL | 318 |
Majoritarian versus Consensus Democracies Plurality versus | 326 |
BICAMERALISM AND POLITICAL | 332 |
A DEMOCRATIC FORM OF GOVERNMENT FOR | 344 |
United States | 127 |
Good Governance | 158 |
EQUALITY IN LAW AND AFFIRMATIVE ACTION | 171 |
SOCIAL JUSTICE AND THE WELFARE STATE | 183 |
The Unions Social Policy and Social Citizenship | 196 |
CONCLUSIONS | 208 |
CIVIL SOCIETY PUBLIC OPINION AND CITIZEN | 230 |
A Vibrant Public Opinion on European Integration | 238 |
Adapting the Role of EuroParties | 352 |
Constructing Accountability in the Council of Ministers? | 360 |
Which Future for the European Council? | 366 |
Epilogue | 375 |
The Search for a New President of the Commission and | 381 |
Index | 389 |
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Common terms and phrases
accordance accountability action adopted amended American applied areas Article authority basic chapter citizens civil Commission Committee Community competences concept concerning Convention Council countries Court currently decision democracy democratic direct discussed draft Constitution effect elected equal established Europe European Council European Parliament European Union example executive existing federal foreign freedom fundamental further German groups head human important individual institutions integration interest internal involved issue Italy judgment judicial Justice legislative limited majority matters means Member minister Moreover officials opinion organization parliamentary persons pillar political parties position present president presidential presidential system Press principle procedure proposed protection question referred regard Regulation relating remain representatives requires respect responsibility result role rule social society specific third tion Treaty United University vote
Popular passages
Page 312 - If men were angels, no Government would be necessary. If angels were to govern men, neither external nor internal controls on Government would be necessary. In framing a Government which is to be administered by men over men, the great difficulty lies in this : you must first enable the Government to control the governed ; and in the next place oblige it to control itself.
Page 123 - Union is founded on the principles of liberty, democracy. respect for human rights and fundamental freedoms, and the rule of law...
Page 106 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained?
Page 123 - The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law.
Page 140 - In areas which do not fall within its exclusive competence, the Community shall take action, in accordance with the principle of subsidiarity, only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Community...
Page 312 - The only answer that can be given is that as all these exterior provisions are found to be inadequate the defect must be supplied, by so contriving the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places.
Page 111 - Commission on grounds of lack of competence, infringement of an essential procedural requirement, infringement of this Treaty or of any rule of law relating to its application, or misuse of powers...
Page 147 - The provisions of Articles 28 and 29 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property.
Page 245 - Article 10, it is applicable not only to 'information' or 'ideas' that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population. Such are the demands of that pluralism, tolerance and broadmindedness without which there is no 'democratic society'.
Bibliographic information
| Title | The European Union: A Polity of States and Peoples |
| Author | Walter Gerven |
| Edition | reprint |
| Publisher | Stanford University Press, 2005 |
| ISBN | 0804750645, 9780804750646 |
| Length | 397 pages |
| Subjects | › Law / Constitutional Law / International Political Science / Constitutions |
| Export Citation | BiBTeX EndNote RefMan |