Webpages tagged with « legitimacy»

This paper explores the systemic perspective on deliberative democracy, asking whether non-majoritarian forums, to which decision-making is delegated, can be legitimated in a democratic system or even contribute to the deliberative quality of it.

ARENA Working Paper 3/2014 (pdf)

Claudia Landwehr

This papers considers the European constitution-making process in the light of three perspectives of constitutional legitimacy. The evolving treaty, it is claimed, is legitimate in the sense of being (i) functional and (ii) power-constraining. Constitutional legitimacy, however, may also require a (iii) power-establishing or revolutionary character; according to this third perspective, the EU constitutional process does not fully answer the demands of legitimacy.

ARENA Working Paper 14/2003 (pdf)

Hauke Brunkhorst

This paper discusses the inherent problems of political engineering through constitutionmaking. It is argued that conflict is often easier to contain in routine politics than at constitutional moments. How, then, does process inflict on inflict on visions and ideas when attempting to create a viable constitutional entity?

ARENA Working Paper 23/2002 (dwt)

Johan P. Olsen

This paper discusses different strategies for mending the legitimacy deficit of the EU; it is argued here that legitimacy could be attained by way of three different paths, each pertaining to a a special vision of what the EU is and should be.

ARENA Working Paper 38/2002 (pdf)

Erik Oddvar Eriksen and John Erik Fossum

What is the normative basis of a common European voice in foreign affairs? The article traces EU legitimacy in the consistent promotion of human rights, carrying normative power as well as an increasingly solid basis in international law.

ARENA Working Paper 19/2003 (pdf)

Janne Haaland Matlary

This paper discusses the topic of rights to political participation in the EU context, focusing on concepts such as sovereignty and citizenship and the inherent tension between nation-state and EU level competence.

ARENA Working Paper 16/2002 (html)

Jo Shaw

Assessing the attempts to forge a Constitution for Europe, this article focuses on the incorporation of the Charter of Fundamental Rights. While clearly legitimate to a post-national democracy and the idea of a constitution, rights should nevertheless be right in the sense of resting on a popular-discursive consensus.

ARENA Working Paper 17/2003 (pdf)

Erik Oddvar Eriksen

This paper discusses what kind of allegiance the EU Charter of Fundamental Rights might be based upon. Raising the issue of constitutional patriotism, on which similar documents have typically been built in the past, the author argues that recognition of Europe's deep diversity makes a better foundation for allegiance to the Charter.

ARENA Working Paper 05/2003 (pdf)

John Erik Fossum

European integration has, it is often argued, beenmarked by a bias towards market freedoms to the detriment of social values and rights. This paper discusses to what extent the Charter of Fundamental Rights is a step towards redressing this inbalance by introducing a social fundament to the market values hitherto conceived.

ARENA Working Paper 01/2003 (pdf)

Agustín José Menéndez

The paper discusses different ways of perceiving the European Constitution, each carrying implications for debates on its legitimacy. It is argued here that debates on the Constitution must take into account the normative side of the process, drawing the pertinence and evolution of fundamental norms centre stage.

ARENA Working Paper 12/2003 (pdf)

Agustín José Menéndez

This paper investigates the transition of German foreign policy towards active participation in military operations abroad. It is argued here that exaplanations of German policy change should focus on the processes of deliberation and justification in the national public sphere.

ARENA Working Paper 10/2002 (html)

Marianne Takle

This paper debates the formalisation of fundamental human rights in the EU Charter; focus is placed on the tension between national sovereignty and assumedly universal rights. The EU is seen in the prospect of a cosmopolitan order possibly resolving the human rights dilemma.

ARENA Working Paper 36/2002 (html)

Erik Oddvar Eriksen

This paper discusses the organisational factors supporting or constraining EU treaty reform. It is argued that reform must be seen in its historical, cultural and institutional context to disclose the structural elements in which actors are embedded.

ARENA Working Paper 27/2001 (html)

Ulf Sverdrup

This paper takes a historical view of the notion of citizenship as applied beyond local or national communities; it is argued that European Union citizenship can draw upon these experiences as well as provide the precedence for a global notion of citizenship.

ARENA Working Paper 22/2001 (html)

Andreas Føllesdal

What is the theoretical basis of a law's legitimacy, and to what extent are we obliged towards obeying it? This paper addresses classical legal-philosophical questions from a deliberative perspective.

ARENA Working Paper 25/2000 (html)

Agustín José Menéndez

This paper discusses the emergence of a European public sphere from the vantage point of deliberative democracy; focus in on strong publics as a building stone of future EU-level democracy.

ARENA Working Paper 16/2001 (html)

Erik Oddvar Eriksen and John Erik Fossum

Is there an inherent contradiction between national patriotism and liberalism in the cosmopolitan sense of the word? The question is addressed in this paper, which makes the argument - in line with contract theory - that political allegiance result from a sense of duty and loyalty to a state.

ARENA Working Paper 16/2000 (html)

Andreas Føllesdal

This paper denounces the perception of pre-political community attachment as a requisite for political integration; instead it delineates a post-national model of European democracy, built upon individual rights and citizenship and shared legitimacy between the national and EU levels.

ARENA Working Paper 26/2000 (html)

Erik Oddvar Eriksen and John Erik Fossum

What foundations of allegiance are required to secure the European Union' viability? This paper gives a critique of David Miller's view of nationalism as sole source of trust; it advances the alternative basis of constitutional patriotism on a liberal footing.

ARENA Working Paper 07/2000 (html)

Andreas Føllesdal

In this paper, the EU’s second pillar procedure is assessed against five criteria for its putative lack of democratic qualities. The evaluation shows that decision-making is dominated by secrecy and unelected officials who act extensively on behalf of national ministers without proper accountability mechanisms available.

ARENA Working Paper 24/2008 (pdf)

Anne Elizabeth Stie

This paper first aims to highlight the reactionary nature of Euroscepticism. Secondly, it argues for understanding Euroscepticism as a discursive formation in the public sphere rather than as a collection of party positions or characteristic of public opinion. Thirdly, it points to the media as central players and amplifiers of Euroscepticism.

ARENA Working Paper 14/2009 (pdf)

Hans-Jörg Trenz and Pieter de Wilde

In this article Trenz argues that the tension between normative standards and legitimating practice should be considered as constitutive for the emergence of a European public sphere. Against recent attempts to define the European public sphere in purely descriptive terms, this implies the need to re-introduce the normativity of the public sphere as part of the dynamics of an evolving communicative space in Europe.

ARENA Working Paper 12/2008 (pdf)

Hans-Jörg Trenz

In this paper Marianne Riddervold seeks to contribute to the debate about the role of norms in EU foreign policy by looking at EU policies in the International Labour Organization (ILO) in the making of a Consolidated Maritime Labour Convention (ILOMLC).

ARENA Working Paper 13/2008 (pdf)

Marianne Riddervold

In this paper Åse Gornitzka and Ulf Sverdrup examine patterns of participation in the large and organized expert group system under the European Commission.

ARENA Working Paper 14/2008 (pdf)

Åse Gornitzka and Ulf Sverdrup

This conceptual paper provides a working definition of politicisation of European integration, based on a literature review.

ARENA Working Paper 18/2007 (pdf)

Pieter de Wilde