In June 2003, the Convention on the Future of Europe released what may become the Constitution of the European Union. This timely volume provides one of the first critical assessments of the draft Constitution from the vantage point of political theory. The work combines detailed institutional analysis with normative political theory, bringing theoretical analysis to bear on the pressing issues of institutional design answered - or bypassed - by the draft Constitution. It addresses several themes that play out differently in federal arrangements than in unitary political orders: * European values, especially the legitimate role of alleged common values * liberty and powers - how does the draft Constitution address competing normative preferences? * the European interest: the noble words regarding common European objectives and values are often muddled or conflated, different actors intending quite different things. Several chapters contribute to clarifying the different senses of these terms.

The contributors to this book examine the issues of constitutional choice that face the governments and citizens of today's Europe. Divided into three sections this study addresses: questions of political legitimacy and the meaning of democratic deficit in the EU; the reality of what institutional reforms and decision making processes are possible; and the rights of citizenship and values that should be protected.

This 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.

Europe in search of legitimacy : strategies of legitimation assessed / Erik Oddvar Eriksen and John Erik Fossum -- Legitimising the Euro-"polity" and its "regime" : the normative turn in EU studies / Richard Bellamy and Dario Castiglione -- The new Europe : a federal state or a confederation of states? / Daniel J. Elazar -- The EU as a consociation : a methodologial assessment / Olivier Costa and Paul Magnette -- EU legitimacy revisited : the normative foundations of a multilevel polity / Nicole Bolleyer and Christine Reh -- We, the peoples of Europe? / Kalypso Nicolaidis -- Why Europe needs a constitution / Jürgen Habermas -- The idea of a European constitution / Pavlos Eleftheriadis -- The democratic costs of constitutionalisation : the European case / Dieter Grimm -- The constitutional conundrum of the European Union / Sergio Fabbrini -- Europe's "democratic deficit" : the question of standards / Giandomenico Majone -- The myth of Europe's democratic deficit / Andrew Moravcsik -- Why there is a democratic deficit in the EU : a response to -- Majone and moravcsik / Andreas Follesdal and Simon Hix -- Legitimacy in the multilevel European polity / Fritz W. Scharpf -- Beyond a constraining dissensus : the role of national parliaments in domesticating and normalising the politicization of European integration / Sandra Kröger and Richard Bellamy -- An emerging European public sphere / Erik Odvar Eriksen -- A theory of collective identity : making sense of the debate on a European identity / Klaus Eder -- Must Europe be Swiss? : on the idea of a voting space and the possibility of a multilingual demos / Joseph Lacey -- Civil society and EU democracy : "astroturf" representation? / Beate Kohler-Koch -- Whither European citizenship? : eros and civilisation revisited / C. Shore -- Why European citizenship? : normative approaches to supranational union / Rainer Baubock -- Citizenship, immigration, and the European social project : rights and -- Obligations of individuality / Yasemin Nuhoglu Soysal -- Solidarity in the European Union / Andrea Sangiovanni

The contributors to this study address the question of how political theory is relevant to the construction of new Europe and the tie-in issues of citizenship, social justice and political legitimacy. By using techniques of contemporary political theory, the book argues that the emergence of new Europe poses fundamental questions of value and principle and challenges more established political theories in the process.

Is the dream of EU endangered? This book reviews classic and modern values and virtues, and uses them in order to rethink Europe’s present politics and its future. The idea of the Republic was born with the political ethics of ancient Greece. The current international crisis obliges Europe to face the mirror of truth: What has become of the European Idea and how fares the European Constitution? It has been a long road from the Greek Politeia to the present lack of values and financial monomania in Europe, who seems to have lost any harmony between the spirit, the soul and the body of her Constitution: the will and values of the people (material constitution), the text of the Lisbon Treaty (formal constitution) and its current political interpretation and action (real constitution), making Europe a two-tier or three-tier club, far from the dream of the founding fathers. Without republican values and virtues, and failing to uphold the European social model, the European Union would devolve into moral, social and democratic bankruptcy.

The fourth Yearbook of the Central and Eastern European Forum of Young Legal, Political and Social Theorists reassesses central concepts of modern constitutionalism between the poles of law and politics: separation of powers, constitutional review, and constitutional rights and obligations. Fourteen legal scholars and political scientists from the region contribute to interrelated debates in both disciplines. Two questions are particularly raised: How can the aforementioned concepts be understood? And: Which role do they play in current national and supra-national institutions? With regard to the second question, an essential part of the chapters focuses on current developments within the European Union and in post-socialist states of Central and Eastern Europe.

Today’s Europe is marked by an amazing pace of integration. The European Union now consists of twenty five member states, however there is confusion and disagreement about its future design. Making The European Polity investigates how the European Union should develop and organize itself and offers a reflexive approach to integration based on the theory of communicative action. It conceives of the EU as a law based supranational polity lacking the identity of a people as well as the coercive means of a state and argues that it is a polity with an organized capacity to act, but no sole apex of authority. Making an important contribution to the theoretical discussions on the EU, these contributors explore a range of issues including legitimacy, post-national democracy and integration and provide in-depth analyses of social and tax policy, foreign policy, identity formation, the reform process and the constitutional effects of enlargement. This book will appeal to all political scientists and particularly to students and researchers of European Politics.

"Recent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. Reflecting on these developments and responding to the existing body of academic literature and scholarship, this book critically discusses the emerging notion of European constitutionalism, its varieties and different contextualization in theories of EU law, general jurisprudence, sociology of law, political theory and sociology. The contributors address different problems related to the relationship between the constitutional state and non-state constitutionalizations and critically analyze general theories of constitutional monism, dualism and pluralism and their juridical and political uses in the context of EU constitutionalism. Individual chapters emphasize the importance of interdisciplinary and socio-legal methods in the current research of EU constitutionalism and their potential to re-conceptualize and re-think traditional problems of constitutional subjects, limitation and separation of power, political symbolism and identity politics in Europe. This collection simultaneously describes the EU and its self-constitution as one polity, differentiated society and shared community and its contributors conceptualize the sense of common identity and solidarity in the context of the post-sovereign multitude of European society." -- Back cover.

Recent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. Reflecting on these developments and responding to the existing body of academic literature and scholarship, this book critically discusses the emerging notion of European constitutionalism, its varieties and different contextualization in theories of EU law, general jurisprudence, sociology of law, political theory and sociology. The contributors address different problems related to the relationship between the constitutional state and non-state constitutionalizations and critically analyze general theories of constitutional monism, dualism and pluralism and their juridical and political uses in the context of EU constitutionalism. Individual chapters emphasize the importance of interdisciplinary and socio-legal methods in the current research of EU constitutionalism and their potential to re-conceptualize and re-think traditional problems of constitutional subjects, limitation and separation of power, political symbolism and identity politics in Europe. This collection simultaneously describes the EU and its self-constitution as one polity, differentiated society and shared community and its contributors conceptualize the sense of common identity and solidarity in the context of the post-sovereign multitude of European society.