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Between Democracy and Nationality: Citizenship Policies in the Lisbon Ruling
Centre for Law and Cosmopolitan Values, University of Antwerp.
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Arts, Department of Philosophy.
2012 (English)In: European Public Law, ISSN 1354-3725, Vol. 18, no 2Article in journal (Refereed) Published
Abstract [en]

When the German constitutional court expressed itself in the Lisbon ruling, on the 30th of June 2009, the famous German newspaper Der Bild published the corrosive headline “the end of federalism”. The aim of this paper is to present and discuss the arguments of the Court concerning (1) the nature of the EU as a confederation (Staatenverbund), (2) the illegitimacy of further development towards a federal state (Staatsverband) and (3) the determination of the EU’s ‘core competences’, in order to shed light on why, within the EU, the relationship between federalism and democracy appears to be so tense. The point is that the claim that the EU cannot legitimately become a federation without calling for the constituent power of the German people (§228) is grounded in a circular logic that ultimately depends on the definition of citizenry adopted. Two connected issues will thus be deepened. On one hand, we look at the problem of jurisdictional competence attribution, the ‘ultra vires’ and ‘domaine réservé’ doctrines. In particular, the adoption of criteria for determining the state’s core competences on the basis of the principle of essentiality (Wesentlichkeitstheorie) will be assessed. On the other hand, the focus is on the theory of democracy that the German constitutional court embraces, according to which ‘the democratic legitimacy derives from the interconnection between the action of European governmental entities and the parliaments of the Member states’.

Place, publisher, year, edition, pages
2012. Vol. 18, no 2
Keyword [en]
EU law - Constitution - Citizenship Policy - Nationality - Democracy
National Category
Philosophy Law (excluding Law and Society) Political Science
Research subject
Practical Philosophy
URN: urn:nbn:se:uu:diva-164047OAI: diva2:466032
Available from: 2011-12-20 Created: 2011-12-15 Last updated: 2013-06-19Bibliographically approved

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