As mentioned earlier, EUglobal is hosting a workshop in the margins of the ESIL 2016 Conference in Riga. The papers for this workshop are posted here on the Interest Group blog. Today’s paper is written by Franciszek Strzyczkowski, and is entitled “Between European and International Law – The Constitutional Implications of the European Union’s Contribution to the International Legal Order“. Here is an excerpt:
“One of the basic features of the transnational regimes are the blurred boundaries between what is constitutional and what is international. The European legal system has been built on the foundations of the international law in the way of establishment of the regional organization. […] Over the years, the European project has grown out of the original agreement entered into by the High Contracting Parties. The transformation of the international order towards a constitutional, although has not been fully achieved yet and maybe never will, had been proceeding unevenly, steered by different factors and dynamics, explained by the competing integration theories.
[…] In the three critical areas of legal regulation, i.e. economy, foreign and security policy and citizenship the Union implements similar to the federal paradigm of dynamic development, described in the nineteenth century by Alexis Tocqueville, in the context of phenomena of the United States political system, as a new type of government, situated between the state and the federation. Thus, applying traditional tools of comparative research to the European Union, drawing analogy with sui generis American polity seems to be justified. Not in normative sense but in political one, in the context of relations to international law, reference to the constitutional arrangements of the United States may improve conducted analyses on the European integration project.”