European Union (eu) And The Rationale Behind Its Formation.

European pairing (EU ) and the rationale behind its formationI . IntroductionThe development of illustration parliamentary institutions and the codification of fundamental rights constitute mental processes which be foundational for at large(p) democratic polities . In this , we argue that these developments be , however , not solely restricted to the domain of the nation-state . In the European Union (EU , over the past half century , the European sevens has undergone a remarkable transformation from an assembly endowed with supervisory powers to a directly-elected legislator , co-deciding virtually secondary legislation on equalize footing with the Council of Ministers . While homo rights were not institutionalized in the founding Treaties of the European Communities the European Court of Justice (ECJ ) began to determine references to fundamental rights in its jurisprudence since the late sixties (Stone lovely 2000 . The recent past has seen the codification of fundamental rights in the rent of Fundamental Rights and , most recently , in the Treaty establishing a Constitution for Europe . Yet , the processes which underlie these two developments atomic number 18 fundamentally different to the `parliamentarization and institutionalization of human rights in nation-states . In the EU , these processes have not been triggered `from below by civic hold out or even revolutionary movements , or as a result of the intervention of foreign powersThe phenomenon we refer to as `constitutionalization is the process whereby the EU s institutional architecture and legal increasingly sleep with to reflect the fundamental norms and principles of liberal democracies . The central focus of this is indeed to identify the dynamics and mechanisms that brought and continue to bring about parliamentarization and institutionalization of human rights : Why and under what conditions have human rights become increasingly enshrined in the EU s legal architecture ?

Why has the European Parliament (EP ) come to acquire powers over time that agree those of national parliaments more than those of any parliamentary assembly of an transnationalistic organization (Malamud and de Sousa 2004 Rittberger 2005 : 2-3We will argue that for explanations inspired by two rationalist and constructivist institutionalism these two phenomena constitute a puzzle which has not yet been resolved . To counter this state of affairs , we direct to analyze the constitutionalization of the EU as `strategic action in a residential district environment (Schimmelfennig 2003 . According to this approach , community actors can use the liberal democratic identity value and norms that constitute the EU s ethos strategically to put social and deterrent example pressure on those community members that oppose the constitutionalization of the EU . theoretically , strategic action will be most impressive in a community environment if constitutional issues are highly salient , constitutional norms possess high international legitimacy and resonate well with domestic norms , and if constitutional negotiations are public . In a first attempt to riddle our argument empirically , we conduct a Qualitative proportional Analysis (QCA ) of the EU s constitutional decisions from 1951 to 2004 . While the results generally body forth the hypothesized conditions , they reveal salience to be the by far most relevant condition of constitutionalization in the EUHowever , the European Union - EU for short - is an organization...If you want to get a full essay, prescribe it on our website: Orderessay

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