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对欧盟民主与认同的思考
作者:佚名 | 文章来源:转载 | 更新时间:2011-01-25 11:14:57

 

 

Rashomon in Karlsruhe-

A Reflection on Democracy and Identity in the European Union

 

The German Constitutional Court’s Lisbon decision

and the changing landscape of European constitutionalism

 

By Franz C. Mayer *

 

 

Abstract

On June 30, 2009, the German Constitutional Court declared the Lisbon Treaty to be compatible with the German constitution. The Lisbon decision marked the end of an intense constitutional battle. The following text illustrates how different views on and different understandings of European constitutional law and European integration and, more generally speaking, different backgrounds and perspectives may lead to different readings of the decision. It also suggests an assessment of the state of European constitutionalism and of some changes in its landscape, arguing that democracy as the central constitutional concept of reflection and debate is being replaced by identity.

 



* Professor, Dr. jur., LL.M. (Yale), Chair of Public Law, European Law, Comparative Law, Law and Politics, University of Bielefeld, Faculty of Law. Contact: franz.mayer@uni-bielefeld.de. I wish to thank the participants of the workshop ‘The Changing Landscape of European Constitutionalism’ at St. Antony’s College, Oxford University on November 17, 2009 for helpful comments on an earlier version of this text. I also thank Imke Stanik for her invaluable research assistance. Disclaimer: As counsel to the Bundestag (German Parliament) in the Lisbon proceedings at the German Constitutional Court, I emphasize that the views expressed in this paper are my own and do not necessarily reflect positions of the Bundestag.

 

 

原文可见http://centers.law.nyu.edu/jeanmonnet/papers/10/100501.html