CIAO DATE: 02/06

Rethinking European Law's Supremacy

Abstract

The clear rejection of the European Constitutional Treaty by the French and Dutch electorates seems to reflect, at least in part, the uneasiness of many European citizens with a Europe which they perceive to govern "from above" with insufficient legitimacy, and without an adequate balance of free market vs. social concerns.

The doctrine of supremacy may be viewed as the classic doctrinal emanation of such a Europe "from above," which, moreover, tends to favour a market-biased system due to the type of competences allocated to the European level. Against this background, alternatives which may create more legitimacy and allow for the strengthening of the social dimension are particularly badly needed now.

Full Text (PDF, 71 pages, 1.88 MB)