European Constitucional League. Constitutional theorical charming and the theory failure of uncertainty principle

Authors

  • Mathias Jaestadt

DOI:

https://doi.org/10.5944/trc.33.2014.13040

Keywords:

European Constitutional League, constitutional multilevel, European common law, European Constitution, European integration, hierarchy, cooperation, heterarchy,

Abstract

Since the beginning of the eighties Treaties were graded as «Constitutional Charter», the process of European integration has increased rapidly, and the emergence of European Constitutionalism has only demonstrated the complex relationship between the Union and its Member States, between Union law and the law of its Member States. Both the State Theory and the Theory of the Constitution are to be only partially effective in defining an appropriate conceptual model to the new phenomenon of European integration. It speaks well of a new concept, that of «European constitutional League», which provides a common terminological and introduced into the Europe Union’s vision of constitutional law at different levels. It is increasingly difficult to differentiate when we are dealing with national issues and when community issues. Therefore, if we want to legitimize the role of the European Union, we will have to try to include the constitutional principles governing the Member States in this new level. Hence the ambitious concept of «European constitutional League». But nevertheless, the many theoretical problems with this model reflect the difficulty of speaking of a multilevel system in which there is no coexistence between different hierarchical levels, because ultimately it does show a incorrect connection between them.

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Published

2014-01-01

How to Cite

Jaestadt, M. (2014). European Constitucional League. Constitutional theorical charming and the theory failure of uncertainty principle. Teoría Y Realidad Constitucional, 1(33), 167–198. https://doi.org/10.5944/trc.33.2014.13040

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