Making Sense of the EU: The Achievements of the Convention
Abstract:Building democracy at the supernational level is an unprecedented task, but so once was building democracy at the level of the modern state. By today’s standards we would not likely classify France, Britain, or the United States in the nineteenth century as “democratic,” but in the time they were in the forefront of democratic development. The same can be said for the European Union today, and the progress of the EU in the last half-century has been remarkable. Recent advancements by the Brussels Convention—reflected in the resulting draft treaty for a European Constitution—represent significant steps forward for entrenching the rule of law, the separation of powers, and the people’s input and participation in Europe’s supernational institutions.
Law in a law-governed union (Recht in einer Rechtsunion) : the Court of Justice of the European Union and the free law doctrine
The Court of Justice of the European Union characterizes the Union as a Rechtsunion: a law-governed union. The conception of “the law” in Article 19 paragraph 1 of the Treaty on European Union transcends the Treaties, according to the Vice-President of the Court of Justice, Koen Lenaerts. This thesis demonstrates with reference to the work of Georg Jellinek that the Union is a non-sovereign state and, with reference to the work of Eugen Ehrlich in particular, that the state-based perception of law is a misperception. Not all production of law is reserved to the state and not all law is state-recognized law. There is extra-state law. It has been alleged that the Court of Justice of the European Union has had “a free law attitude”. The author discusses the free law doctrine developed at the beginning of the twentieth century and has made literal translations of writings in German, French and Italian by the main representatives of the free law movement. The free law doctrine provides a descriptive framework for the case-law of courts. The author describes the creation by the Court of Justice of four constitutional principles of Union law through its case-law. He concludes that every court is, to quote Hermann Kantorowicz, praeter legem law-creatively active and has, in that sense, a free law attitude. The decisions of judges are often volitional decisions. How the law will be applied should be predictable but volitional decisions, because they are unpredictable, are inconsistent with the principle of legal certainty. In the Union and its member states the judiciary and not the statute or “the law” is pre-eminent. The author suggests how the concept of law should be defined in a material Rechtsunion. He argues that societal legal norms could be provided with an appropriate position consistent with the principle of legal certainty by making the validity of a societal legal norm contingent on its material lawfulness.
Arab Uprisings and the Outstanding Return to Democracy: Tunisia as a Model
In the wake of the Middle Eastern crises, the Tunisian case in focus has been doted as a unique phenomenon being that it was the Genesis of the revolution that ultimately spread across the Middle East like wild fire, but has eventually heralded a new dawn as democracy has incidentally returned to the Empire. This literature therefore looks closely at the extent to which the ‘DignityRevolution’ has been instrumental in the Middle East uprisings, which have brought an end to dynastic autocracies. The literature zeros in on the Tunisian uprising which has attracted global concerns, sympathy and has sparked interests in the international arena. The literature finds that the people hold colossal prospect in the uprising and its resultant effect, as it paved the way for the revolutionist to generate, gather and disseminate information on the condition of the entire region to the international community. The people in this context were of utmost importance and played a very crucial role in the creation of awareness, mobilization of protesters and utmost determining the direction of the uprising and also ensuring a speedy return to democratic rule. The paper submits that the role of the people in ensuring that the ruins of the uprising is not left littering around and democracy restored is highly commendable and should be a model for all other Arab countries involved in the revolution.