Rashomon in Karlsruhe - A reflection on Democracy and Identity in the European Union

"Franz C. Mayer" /

No 5, Jean Monnet Working Papers from Jean Monnet Chair

Abstract: Abstract: On June 30, 2009, the German Constitutional Court declared the Lisbon Treaty to be compatible with the German constitution. The Lisbon decision marked the end of an intense constitutional battle. The following text illustrates how different views on and different understandings of European constitutional law and European integration and, more generally speaking, different backgrounds and perspectives may lead to different readings of the decision. It also suggests an assessment of the state of European constitutionalism and of some changes in its landscape, arguing that democracy as the central constitutional concept of reflection and debate is being replaced by identity.

Keywords: constitutional change; court politics; deliberative democracy; democracy; democratization; democratization; differentiation; discourse; diversity/homogeneity; diversity/homogeneity; European identity; European public space; European Public Sphere; identity; multilevel governance; multilevel governance; national autonomy; national interest; nationality; Nation-state; Nation-state; EU Charter of Fundamental Rights; European citizenship; fundamental/human rights; German Constitutional Court; judicial review; rule of law; subsidiarity; supremacy; Constitution for Europe; enlargement; European Convention; founding Treaties; Treaty on European Union; treaty reform; accountability; budgetary procedure; co-decision procedure; decentralisation; institutions; joint decision making; legislative procedure; majority voting; MEPs; national parliaments; qualified majority; unanimity; European Court of Justice; European Court of Justice; Germany; history; law; political science (search for similar items in EconPapers)
Date: 2001-07-15
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