The European Union in search of a democratic and constitutional theory

Abstract

Introduction. Part I. Democratic and Constitutional Theory at the Cross-Roads. I. Democracy, Legitimacy and Constitutionalism: Basic Notions. II. Statal Democratic and Constitutional Theory under the Twin Challenges of Globalisation and Multiculturalism. Part II. The Democracy Deficit and the Constitutional Deficit. I. Diagnosing the Democracy Deficit of the European Union. II. Overcoming the Standard Vision on European Constitutionalism. Part III. The Constitution of the European Union Revisited. I.What Constitution Does the European Union Have? II. The European Union as Process towards an Ever Closer Union. III. Citizenship as Supranational Demos. Part IV. Managing Unity in Diversity: The Challenge of Variability. I. Introduction: Variability as a Challenge to Democratic Constitutionalism. II. Decisional Variability: The Question of Democratic Representation. III. On Territorial Variability. Part V. European and Member State Law: Autonomous Systems in a Common Constitutional Area. I. Towards a Pluralist Understanding of the Relationship between the European and National Legal Orders. II. Fundamental Rights Protection in a Moderate Pluralist Setting. General Conclusion.

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