A Philosophy of European Union Law

Front Cover
Hadleigh, 1999 - History - 472 pages
Is the European Union a new Walden? Although a contrast in form and format, the Union is surprisingly close to the latter's underlying philosophy. One can read this proximity in the Treaties or the many facets of the European idea which mirrors in the Union's emerging legal system. Today there is no longer a Union of a limited number of Nation States desiring to end divisions among themselves, to acquire mutual respect and prosperity or a higher standard of living and working conditions for its members. European citizenship shows a global orientation and is in continuous competition with the discourse of a globalizing economy and its Internet democracy. Analyses of concepts such as political geography, global, (supra)national and regional citizenship, democracy, learning society, native tongue and market lead to the insight that the Union's legal system wishes to ensure its citizens a legally engendered, formatted and protected global position for action. Walden's philosophy has a new face.

Contents

Juridificating Geography
1
Chapter
5
The Construction of EU
10
Choice of Legal Basis
18
Certainty and Expectations
31
Identity Geography and Space
61
b Mare Nostrum
62
The Union a Conceptual World Image
67
MEMBER STATE AND GLOBAL DEMOCRACY
225
b Competence
247
Demos and Representation
260
Philosophical Dimensions
266
Representation
272
CITIZENSHIP
279
b Active Citizenship
288
Indeterminacies of Citizenship
323

Membership
75
Membership as an Issue of EU Law Philosophy
88
In and Out the Union
98
MEMBERSHIP IN THE MIRROR OF CONTRACT
105
Before
112
TREATIES AND MEMBERS
135
Original Constituent Power
144
b Reasonable Expectations
152
Accession and PreAccession
164
Theoretical Reflections
178
Fairness of Access
190
The Transatlantic Agenda
214
Language
328
MARKET
343
Language in the Treaties
346
b Internal Common and Global Market
355
Global Market and Global Order
371
Labour and Global Market Regimes
388
The Construction of a Juridical World Image
430
Concluding Reflections
437
LITERATURE
445
ECJ CASES AND EU DOCUMENTS
459
NAME INDEX
465
Copyright

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