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Constitutional Change in the EU: From Uniformity to by Grainne De Burca, Joanne Scott

By Grainne De Burca, Joanne Scott

This choice of essays goals to handle the altering constitutional framework of the ecu Union, and a few of the altering styles of governance inside this advanced polity. the first target of the publication is to envision the obvious and slow shift within the paradigm of eu governance from one emphasizing the significance of uniformity and harmonization to at least one which embraces a considerable measure of suppleness and differentiation. The chapters variety from extensive, theoretical mirrored image at the constitutional implications of differentiation and adaptability for the ecu polity, to extra targeted case experiences which research a variety of sorts of nearer co-operation, variable geometry and suppleness present in particular coverage parts. a few of the contributions interrogate the level to which there has truly been any major switch of paradigm, and others discover the numerous diverse meanings and situations of flexibleness that have emerged. total, in proposing numerous views and techniques of addressing those vital and topical questions, the gathering brings into concentration either the issues and the aptitude methods ahead for Europe which those constitutional advancements recommend.

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Nijhoff, 1991) ch. 5. 30 Thus under international law, the parties to a treaty may revoke or change it at any time, and may even disregard treaty provisions which establish a special procedure to be followed: see Vienna Convention on the Law of Treaties (1968). 31 G. Teubner, “ ‘Global Bukowina’: Legal Pluralism in the World Society” in G. ), Global Law Without a State (Aldershot: Dartmouth, 1997) 3–30. 28 Flexibility within a Metaconstitutional Frame 17 types of state-transcending regulation in those discrete sectors of civil society served, for example, by commercial law (lex mercatoria), environmental law and even international sports law.

Like Catherine Barnard, Filip Tuytschaever similarly examines the multiplicity of forms of differentiation—primary and secondary, positive and negative, 6 Gráinne de Búrca and Joanne Scott temporary and non-temporary, to be found within one of the policy areas in which its use has most readily been accepted: that of Economic and Monetary Union. He considers also the possible relevance of the closer co-operation provisions of the Amsterdam Treaty in this policy sphere, and he reflects on the inevitable tension existing between the desire (reflected in those cautiously worded Treaty provisions) to “rein in” the different subsystems and forms of political ordering which might otherwise proliferate and the opposing tendency for such arrangements to emerge in response to the desire of Member States to co-operate in less formalised inter-governmental ways.

Then, at an even higher level of abstraction, the issues of flexibility and fragmentation which provided our initial focus come finally into view. g. g Council of Europe, GATT/WTO). And, finally, to relocate these relations in their proper three-dimensional context, we are also concerned with the multi-tiered relations amongst the sites of authority located both at these different meta-tiers and also at the state tier. 4 . THE VALUE OF METACONSTITUTIONALISM We are now in a better position to explore the value of cosmopolitan metaconstitutionalism as a framework for thinking about the various forms of nondomestic public law, and, in particular, the flexible arrangements associated with the EU.

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