Home » FutureofEurope

NEW

THE EUROPEAN UNION: A DEMOCRATIC UNION OF DEMOCRATIC STATES

Jaap Hoeksma

 

This project proposes to break the deadlock in the debate about the nature of the EU! Philosopher of law Jaap Hoeksma suggests in his new book that the EU is a new subject of international law. EU is not a state as it does not aspire to be one. EU is neither an organisation of states as it is also composed of citizens. So, the author identifies the EU as a Union of States and Citizens, which works as a European democracy.

Guided by the theory of democratic integration the author replaces the traditional perspective of states in the study of the EU with the civic viewpoint of democracy and the rule of law. He accentuates the stages along which the EU has developed from a Union of democratic States (Copenhagen 1973) to the present democratic Union of democratic States. At the same time, the EU may be described from the international perspective as the first democratic regional organisation ever!

 

THE BOOK

 

The EU is a new subject of international law and requires a new way of thinking. Past generations have been discussing for decades whether the European Union should either evolve towards a federal state or establish itself as a confederal organisation of states. After the entry into force of the Lisbon Treaty in 2009, however, it is becoming clear that the purpose of the EU is to work as a European democracy. This book argues that the hallmark of the EU lies in its functioning as a dual democracy: the European Union is not merely a Union of democratic States, but also works as a democracy of its own. The author submits compelling legal evidence for his suggestion to identify the EU as a democratic Union of democratic States.
The present book is published at the start of the Conference on the Future of Europe in order to underpin European democracy with a solid theory and to give the EU an own and distinct political philosophy. The author replaces the traditional Westphalian approach of states in the study of the EU with the civic perspective of democracy and human rights. The theory of democratic integration, which emerges from the
paradigm swap, holds that, if two or more democratic states agree to share the exercise of sovereignty in a number of fields with the aim to attain common goals, their organisation should be democratic too.
Seen through this lens, the EU has already developed an own model of governance, which is presented here as the European Model of Transnational Governance.

The evolution of the EU to a European democracy is of great consequence for the position of the Union at the global level. As the EU and the UN are the most outspoken protagonists of multilateralism, they are destined to mutually reinforce each other. The breakthrough, which this book brings about in the field of foreign affairs and international relations, is that it characterises the EU with a new term as a ‘democratic regional organisation’.

 

I fully endorse the principle that, if two or more democratic states agree to share the exercise of sovereignty in a number of fields with a view to attain common goals, their organisation should be democratic too.

Frans Timmermans
Executive Vice-President
of the European Commission

 

ISBN: 978-94-6240-667-4 (book)
ISBN: 978-94-6240-668-1 (interactive pdf)

Order here the book:


FREE DOWNLOAD OF THE BOOK 

This book will be free for everyone to download.

Press on the DOWNLOAD button and you will receive the pdf of the book.

If you would like to receive a printed version of the book you can order the book at this page.

E Version THE EUROPEAN UNION A DEMOCRATIC UNION OF DEMOCRATIC STATES
PDF – 1,3 MB 89 downloads

The Case Bundesverfassungsgericht versus EU Court of Justice
Can the EU function as a democracy without forming a State?

Jaap Hoeksma


ISBN: 9789462406070 (softcover/paperback)


The Case BVerfG v EUCoJ portrays the clash between the German Constitutional Court and the Court of Justice of the European Union as a collision between two competing visions or Weltanschauungen. While the views of the BVerfG are firmly rooted in the traditional approach, known as the Westphalian system of International Relations, the EU Court of Justice takes the emerging European model of Transnational Governance as its point of departure. The stakes could hardly be higher. The debate between the two Courts focuses on the question whether or not the EU can function as a democracy without forming a state.
In addressing this pivotal question the author introduces the theory of democratic integration as a contemporary political philosophy for the EU. The novelty of the new theory is that it substitutes the civic perspective of democracy and the rule of law in the study of the EU for the diplomatic paradigm of states. The theory of democratic integration holds that, if two or more democratic states agree to share sovereignty in a number of fields with a view to attain common goals, their organization should be democratic too.
The author suggests that the 2007 Lisbon Treaty construes the EU as a dual democracy, in which both the member states and the Union have to comply with stringent demands of democracy and the rule of law. He argues that, although the competences of the European Parliament are far from complete, the EU is gradually outgrowing its notorious democratic deficit and is slowly but steadily on its way to become a democratic Union of democratic States.
This booklet bears all the hallmarks of its genesis. The author started his journey after the corona lockdown had confined him to his study. When he had almost completed the first draft of his text, the BundesVerfassungsGericht gave its verdict on the ECB, thereby offering the author the chance to re-write his discourse in terms of a tectonic collision between two schools of thought. May it serve to overcome the philosophical deficit of the EU too by providing the Union with an own and distinct theory for its functioning as a European democracy.


FREE DOWNLOAD OF THE BOOK 

This book will be free for everyone to download.

Press on the DOWNLOAD button and you will receive the pdf of the book.

If you would like to receive a printed version of the book you can order the book at this page.

The Case Bundesverfassungsgericht versus EU Court of Justice
PDF – 2,1 MB 665 downloads

ORDER PAPERBACK HERE

Jaap Hoeksma

ISBN: 9789462406070 (softcover/paperback)

Published by: Wolf Legal Publishers (WLP)
2020

The Case BVerfG v EUCoJ portrays the clash between the German Constitutional Court and the Court of Justice of the European Union as a collision between two competing visions or Weltanschauungen. While the views of the BVerfG are firmly rooted in the traditional approach, known as the Westphalian system of International Relations, the EU Court of Justice takes the emerging European model of Transnational Governance as its point of departure. The stakes could hardly be higher. The debate between the two Courts focuses on the question whether or not the EU can function as a democracy without forming a state.

In addressing this pivotal question the author introduces the theory of democratic integration as a contemporary political philosophy for the EU. The novelty of the new theory is that it substitutes the civic perspective of democracy and the rule of law in the study of the EU for the diplomatic paradigm of states. The theory of democratic integration holds that, if two or more democratic states agree to share sovereignty in a number of fields with a view to attain common goals, their organization should be democratic too.

The author suggests that the 2007 Lisbon Treaty construes the EU as a dual democracy, in which both the member states and the Union have to comply with stringent demands of democracy and the rule of law. He argues that, although the competences of the European Parliament are far from complete, the EU is gradually outgrowing its notorious democratic deficit and is slowly but steadily on its way to become a democratic Union of democratic States.

This booklet bears all the hallmarks of its genesis. The author started his journey after the corona lockdown had confined him to his study. When he had almost completed the first draft of his text, the BundesVerfassungs-Gericht gave its verdict on the ECB, thereby offering the author the chance to re-write his discourse in terms of a tectonic collision between two schools of thought. May it serve to overcome the philosophical deficit of the EU too by providing the Union with an own and distinct theory for its functioning as a European democracy.

Subject:

  • European Union Law