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Constitutionalizing Governing And Governance In Europe

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Chapter Summary

The question how to describe the constitutional form of the EU must be transformed into the question of how the relationship between the governing and governance dimensions and how the relations between different forms of governance structures (GS) is being constitutionalized? This chapter argues that this question can be answered through development of a third-category of constitutionalism which extends beyond traditional nation-state constitutionalism whilst taking into consideration the differences between EU and the kind of radically functionally differentiated and heterarchical global structures described by Fischer-Lescano and Teubner. It suggestes that a coherent concept for description of how legal conflicts in European context are being stabilized should be based on a three-dimensional concept of conflict of laws capable of describing horizontal conflicts between territorially delineated entities in the form of Member States (MS), vertical conflicts between EU and its MS and horizontal conflicts between functionally differentiated basic structures of wider society.

Keywords: constitutionalism; Europe; European Union (EU); governance structures (GS); governing; legal conflicts; Member States (MS)



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