To many, the rejections of the Constitutional Treaty by Dutch and French voters in 2005 came as a shock. However, given the many tensions and the many unresolved issues it was quite unsurprising. The challenges facing the Constitutional debate go to the core of the European integration process as they have to do with the terms on which to establish a post-national political order.
This book deals with four themes which make up the main sources of the ‘constitutional crisis’:
- The problem of the rule of law in a context of governance beyond the nation state
- The problem of the social deficit of the Union
- The problem of identity and collective memories
- The problem of institutionalizing post-national democracy.
1. Introduction: Europe’s Unsettled Political Order - Erik Oddvar Eriksen, Christian Joerges and Florian Rödl
Part 1: Rule of Law in a Context of Governance
2. Three Forms of Governance and Three Forms of Power - Poul F. Kjaer
3. Participatory Governance and European Administrative Law - Rainer Nickel
4. Judges and Lawyers beyond Constitutive Power - Michelle Everson and Julia Eisner
5. Judicial Governance in the European Union - Chrisoph U. Schmid
Part 2: The Social Deficit of the Union
6. Can there be a European Social Model? - Waltraud Schelkle
7. Approaching the ‘Social Union’? - Alexander Graser
8. Constitutional Integration of Labour Constitutions - Florian Rödl
Part 3: Identity and Collective Memories
9. Working through ‘Bitter Experiences’ towards a Purified European Identity? - Christian Joerges
10. A ‘Thick’ Constitutional Patriotism for the EU?
Part 4: Post-national Democracy in Europe
11. Taking Democracy Seriously: Europe after the Failure of its Constitution - Hauke Brunkhorst
12. A Done Deal? The EU's Legitimacy Conundrum Revisited - Erik Oddvar Eriksen and John Erik Fossum