| Contents | 6 |
---|
| European Constitutionalism at the Crossroads | 8 |
---|
| 1. Introduction: Writing a Book on European Constitutionalism in Times of Crisis | 8 |
| 2. Old Treaties, New Constitution? | 13 |
| 3. Values, Norms and Identities | 14 |
| 4. The Union’s Competences: Expanding Tasks towards a State- like Agenda | 17 |
| 5. The Institutional Architecture: a Restated Equilibrium on a Higher Level | 20 |
| 6. And Now? The Conundrums of Constitutionalising Power | 23 |
| 7. References | 30 |
| Part I: The Making of a European Constitution: Processes and Methods | 34 |
---|
| The Constitutionalisation of the European Union – Without the Constitutional Treaty | 36 |
| 1. Introduction | 36 |
| 2. What is a Constitution? | 38 |
| 3. The European Constitution without a State | 44 |
| 4. The Constitutionalisation of European Law up to the Adoption of the Constitutional Treaty of 2004 | 47 |
| 5. The Constitutional Treaty of 2004 Overcomes the Outdated Dichotomy Between Contract and Constitution | 54 |
| 6. The Constitutionalisation of the Treaty Revision Procedure | 59 |
| 7. Benefits of the Constitutionalist Reconstruction of European Law | 63 |
| 8. References | 64 |
| Getting to a European Constitution: From Fischer to the IGC | 69 |
| 1. Introduction | 69 |
| 2. An Analytical Framework | 70 |
| 3. Phase I: Competing Frames | 72 |
| 4. Phase II: Agenda Setting | 74 |
| 5. Phase III: The Convention Phase | 76 |
| 6. Phase IV: From Convention to IGC | 78 |
| 7. Getting to a Constitution | 86 |
| 8. Conclusions | 88 |
| 9. References | 89 |
| The Convention Method: An Institutional Device for Consensus-building | 91 |
| 1. Introduction | 91 |
| 2. A Note on Methods: Fieldwork and Data | 95 |
| 3. From ‘Listening’ to ‘Consensus’: Elements of the Convention Method | 96 |
| 4. Conclusions | 113 |
| 5. References | 117 |
| Deliberation and Compromise in the Shadow of Bargaining | 121 |
| 1. The EU’s Constitutional Convention and European System development | 121 |
| 2. Issue Tracking – European Demos as a Prerequisite or an Outcome of European Integration? | 123 |
| 3. The Need for Sustainable Debate and the Convention as its Medium | 125 |
| 4. Conclusions: System Change beyond the Convention | 147 |
| 5. The Convention was a Deliberative Process – and a Deliberative Sequence | 150 |
| 6. References | 153 |
| The Dynamics of the Two-Level Process of Constitution Building | 157 |
| 1. Analyzing European Constitution Building | 157 |
| 2. Two-level Games and the Constitution Building Process | 159 |
| 3. Delegation, Strategies and Collective Actors | 164 |
| 4. Studying the Process of European Constitution Building | 166 |
| 5. References | 172 |
| Part II: The Making of a European Constitution: Influences and Perceptions | 174 |
---|
| The Impact of Constitutional Traditions on the EU-Reform Discourse in Austria, France, Germany and the UK | 176 |
| 1. Introduction | 176 |
| 2. The Method: A Three Dimensional Research Design | 178 |
| 3. National Conceptions of Sovereignty and the Shape of a Future European Constitution | 180 |
| 4. Executive – Legislative Relationships and the Introduction of a Bicameral System? | 185 |
| 5. National Constitutional Arrangements and the Division of Competences in the EU | 192 |
| 6. Conclusion: The Impact of National Traditions – Two Pathways | 195 |
| 7. References | 196 |
| Political Elites and the Future of Europe: The Views of MPs and MEPs | 201 |
| 1. Introduction | 201 |
| 2. Data | 202 |
| 3. Positions of MPs and MEPs towards European integration | 205 |
| 4. Results | 207 |
| 5. Conclusion | 213 |
| 6. References | 214 |
| Publicized Discourses on the Post-Nice Process | 217 |
| 1. Public Discourse in Context: Legitimacy and Democracy in the EU | 217 |
| 2. Public Discourse as a Legitimizing and De-legitimizing Force | 220 |
| 3. The Perceived Utility of Different Forms of Public Discourse in the EU Context | 221 |
| 4. Political System Development and Legitimacy: The Actual Role of Public Discourses | 223 |
| 5. From Public Discourse to Publicized Discourse: How the Mass Media Matter | 226 |
| 6. Theories of EU Governance: Finding a Place for News Media | 227 |
| 7. Content Analysis as a Research Method to Explore Publicized Discourses | 231 |
| 8. Preliminary Findings | 234 |
| 9. References | 243 |
| The Ratification of the Constitution and the European Public Sphere | 250 |
| 1. Introduction | 250 |
| 2. Democratic Theories and the European Union | 252 |
| 3. The Constitutionalisation of the EU out of the Perspective of Different Theories of Democracy | 256 |
| 4. The Theory of Radical Democracy | 258 |
| 5. References | 267 |