Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Constitutionalizing Governing And Governance In Europe

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

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)

10.1163/ej.9789004181694.i-215.33
/content/books/10.1163/ej.9789004181694.i-215.33
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Rule of Law and Democracy — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation