Direct effect and speaking for the Treaty

During the period of the EU's foundation, no decisions were made on how to adjudicate between contradictory commitments between EU law and national law. Which set of rules should be prioritized? Usually, the state itself decides how to accord with international law: if other state parties find it to be in violation, it can be tried … Continue reading Direct effect and speaking for the Treaty

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Why the EU is geared towards negative integration

In the previous few posts, we have pursued a series of arguments that showed the tight connection between European politics and output legitimacy. There is no unified European public that could constitute a basis for input legitimacy; and supranational European institutions like the ECJ have positioned themselves over and above the kind of control mechanism … Continue reading Why the EU is geared towards negative integration

European policy without politics

One way of expressing the contrast between national politics and politics at the European level is via symmetry. Vivien Schmidt says of the national level that it is home to "politics without policy", whereas the European level displays "policy without politics" (Schmidt 2006, 22-23; 157-162). This is a philosophically rich contrast, especially from the perspective … Continue reading European policy without politics