This week, we are going to talk about the fundamental architecture of the European Union.  In particular, we will mostly discuss remarkable pieces of the two pioneers of EU constitutionalism: Joseph Weiler and Neil MacCormick.

As for the assigned readings, please, consider the following questions:

1.     Is the existence of a community’s constitution conditioned by the existence of a single ‘constitutional demos’ / pouvoir constituent?

2.     Where is the legitimacy of the EU’s constitution rooted?

3.     Does the loss of sovereignty on the side of one entity lead necessarily to the gain of sovereignty on the side of other entity? Are Member States sovereign? Is the EU a sovereign entity?

4.      Is European integration compatible with the principle of democracy?

5.     Does traditional state-sovereignty impede democracy (“monolithic democracy” and the issue of centralized majorities)? Could the abandonment of state-sovereignty enhance democracy (principle of subsidiarity)?

6.     How does diversity affect one’s identity? Is it possible to build the identity of an entity on the principle of diversity?

7.     Can one talk about the hierarchy of norms and institutions in relation to the EU?

8.     How can be the competences of the EU identified without the formal constitution? Who should do so?

9.     Does the ‘loss of sovereignty’ or ‘subordination’ of the Member States lead to their independence or enhancement of their sovereignty in relation to other states?

10.  How does the constitution of the EU affect the approach of Member States towards the rest of the world?

Assigned reading:

Further reading: