EU Constitutional Law Essay Example | Topics and Well Written Essays - 3250 words

EU fundamental Law - Essay ExampleThe frustration with integrating theories was due to, first, the scope of the study of integration, second, the participants who were effectively engendering integration and third, the process or mechanism of integration. This approach indicated the importance of certain factors, which had been omitted in the initial assessment. Despite, rejection by the intergovernmental conference, the proposed induction showed that the Conventions aim was to vitalize the idea of democracy. The democratic constitution of the European Communities was considered unimportant and unnecessary by galore(postnominal) scholars who felt that an internal market endorsed separate freedom1. In spite of this, the EUs transformation from purely economic to governmental cooperation has necessitated such thinking.The Amsterdam Treaty2 has incorporated democracy as a fundamental value into the foundational treaties3. Article 2 of the Treaty Establishing a Constitution for Eur ope4 (CT) lists democracy as a central value of the Union and Articles 1- 47 buttresses this notion under the title The Democratic Life of the Union as representative5 and participatory6 democracy.Although, the necessity of democratic arrangement is universally recognized its discourse, premises and content are frequently discussed7. The holistic approach is based on society and the assumption that there exists a common good which differs from the aggregate of all individual interests. The resign of legitimacy in the individualist position refers to the individual and hence, the aim of public policy is to promote individual interests. A state-centered collectivist approach deters further integration and limits decision-making to the national parliaments8. Hence, at the European level, the Council of Ministers have to defraud a vital role and from an individualistic perspective and the European Parliament, which represents the European citizenry is the main pipe organ for obtainin g democratic legitimacy9.Foundation.The holistic legitimacy concept justifies the state-centered democratic vision, which states that only national peoples are subjects of legitimacy. Since, minorities accept majority decisions only if the citizenry has a certain national homogeneity, legitimacy has to be derived from national parliaments. Hence, absence of a European demos is a hurdle to further integration. The legitimacy of the state-centered, collectivist approach is dubious as no relationship exists between society and the nation state10, which is independent of a national or homogenous group11 or a cultural, religious or social consensus. Constitutional Treaty and Legitimacy.Article 2 CT lists dignity and individual liberty in the Unions fundamental values with the individualistic concept of democracy being adopted theoretically and it accords center stage to the individual in the European legal order, which is further strengthened by the guarantee of mateity prescribed in Articles 2 and 45 CT. These provisions grant European citizens equal rights, rendering mediation of citizens rights by a state or nation unnecessary. Therefore, the guarantee of liberty and comparison exemplify that the European Constitution is based on an individualistic concept of democracy12. Article 1 (1) CT, lists the depart of the member states to build a common future beneath