Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

The European Constitutional Framework: Re-reading Eric Stein's Thoughts from a Bridge on the 50th Anniversary of the Treaty of Rome

The European Constitutional Framework: Re-reading Eric Stein's Thoughts from a Bridge on the 50th... AbstractConstitutionalizing the process of European integration has been a hot issue for decades. Attempts to endow the European institutions with a formal constitution using the political avenue, however, miserably failed. Also, the so-called “Constitution for Europe,” drafted with many hopes in the recent years, met the same destiny as it was rejected in two referenda held in France and in the Netherlands. Paradoxically, it will be replaced by a new “Reform Treaty,” which will maintain, indeed, many of the achievements enshrined in the constitutional text, but which is pervaded by the obsessive idea of removing any possible reference, also indirect, to a possible constitutional nature of the process of European integration.This paper, inspired by the retrospective reading of the works of one of the founders of the European scholarship, Eric Stein, aims at analyzing the difference between the notion of constitution, as developed in the modern, state-centered legal experience, and the notion of constitutional framework, a word coined by Eric Stein, which seems typically related to the peculiar experience of the European integration. In the author's view, the difference mainly relies in the opposition between the unity of the legal order governed by a constitution, and the pluralism inherent in the European legal order. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

The European Constitutional Framework: Re-reading Eric Stein's Thoughts from a Bridge on the 50th Anniversary of the Treaty of Rome

Cannizzaro, Enzo
American Journal of Comparative Law , Volume 55 (4) – Oct 1, 2007
Download PDF
26 pages

Loading next page...
 
/lp/oxford-university-press/the-european-constitutional-framework-re-reading-eric-stein-s-thoughts-Ml03G4VZa6

References (0)

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Oxford University Press
Copyright
© 2007 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.1093/ajcl/55.4.767
Publisher site
See Article on Publisher Site

Abstract

AbstractConstitutionalizing the process of European integration has been a hot issue for decades. Attempts to endow the European institutions with a formal constitution using the political avenue, however, miserably failed. Also, the so-called “Constitution for Europe,” drafted with many hopes in the recent years, met the same destiny as it was rejected in two referenda held in France and in the Netherlands. Paradoxically, it will be replaced by a new “Reform Treaty,” which will maintain, indeed, many of the achievements enshrined in the constitutional text, but which is pervaded by the obsessive idea of removing any possible reference, also indirect, to a possible constitutional nature of the process of European integration.This paper, inspired by the retrospective reading of the works of one of the founders of the European scholarship, Eric Stein, aims at analyzing the difference between the notion of constitution, as developed in the modern, state-centered legal experience, and the notion of constitutional framework, a word coined by Eric Stein, which seems typically related to the peculiar experience of the European integration. In the author's view, the difference mainly relies in the opposition between the unity of the legal order governed by a constitution, and the pluralism inherent in the European legal order.

Journal

American Journal of Comparative Law – Oxford University Press

Published: Oct 1, 2007

There are no references for this article.