The concept of institutionalised disintegration: towards a recognition of the EU institutions anew

Żukowski Alan ()
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Żukowski Alan: University of Wrocław, Wrocław, Poland

Wroclaw Review of Law, Administration & Economics, 2021, vol. 11, issue 1, 63-88

Abstract: The main purpose of this article is to recognise an ongoing phenomenon of disintegration in legal terms. A specific role of the EU institutions is inevitable because of supranational relations’ nature and to-date momentum of public international law. Briefly, disintegration supported by the EU institutions may be the expected solution. Therefore, the concept of institutionalised disintegration is the author’s proposal for using the EU acquis to create a new (autonomous) treaty regime of public international law and to define the EU institutions anew. The basis for reconciliation of institutions and disintegration is to constitute the scientific method on so-called legal phenomena that combine dogmas and functions of law in general. Legal phenomena are correlated with de lege ferenda proposals that – mainly critically – react to current challenges. Challenges – in turn – are derived from a de lege lata analysis of the politico-legal system (especially understanding of the institution, mapping of disintegration and examination of legislative methods).

Keywords: institutionalised disintegration; European Union law; EU institutions; legal system; legal phenomena (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:wrolae:v:11:y:2021:i:1:p:63-88:n:1

DOI: 10.2478/wrlae-2021-0009

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