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Constitutional Legitimacy and Credible Commitments in the European Union

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Abstract: 

The idea that the European Union must not adopt a constitution is gaining ground in current legal research on European constitutionalism. The N-C (No Constitution) thesis is being forcefully defended, in particular, by authors in the ‘contextual’ or ‘law in context’ tradition. However, likewise using a ‘contextual’ methodology, in this article I argue that the N-C thesis is in many regards misplaced. In this work, I defend the idea that Europe must adopt a constitution for reasons of credibility. I also try to show the main pitfalls of the N-C thesis.
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Document Type: Research Article

Affiliations: 1Associate Professor of Administrative Law, University Carlos III de Madrid

Publication date: January 1, 2005

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