Discussing the nature of the EU: from the inter-State model to global constitutionalism
Historically, the European Union has been characterized by different legal formulations. Positions are divided, broadly speaking, between those that understand this entity as an international organization in the classical sense, to those others which claim that its features are actually of a Statena...
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| Formato: | Artículo |
| Idioma: | Inglés |
| Publicado: |
2020
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| Acceso en línea: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7216843 |
| Fuente: | Revista de estudios europeos, ISSN 2530-9854, Nº. 75 (Enero-Junio), 2020, pags. 86-99 |
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| Sumario: |
Historically, the European Union has been characterized by different legal formulations. Positions are divided, broadly speaking, between those that understand this entity as an international organization in the classical sense, to those others which claim that its features are actually of a Statenature, and that the obvious model of evolution would be the Federal State. In the end, all this leads us, undoubtedly, to the European constitutional project. In this work we give a brief account of all these proposals, and then we try to adopt a different point of view: for us, the nature of the European Union should not be looked for in the legal configuration of the political project, but also in the silent evolution -and not so silent- of a legal order, the European legal order, that is increasingly systematic, and that must boast a key position on the evolution towards a higher level of legal organization, global constitutionalism. In the building up of this proposal, we will appeal to the concept of global ethics and to the recent example of the CETA case of TJUE, which opens the European Legal system to alien influences. |
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