The European Union : A Polity of States and Peoples

This book provides a general introduction to the European Union (EU) as an ever closer union of states and peoples. It describes how, from its origin in 1958 as an economic community of six states, the EU has grown into a political entity of 25 states with a population of more than 450 million. It also explains the constitution-making process that is currently taking place—with a draft constitution now being submitted for ratification by the 25 member states. The book shows how the distinctive features of a democratic polity that characterize the separate EU member states are gradually replicated in the European Union and how the Union is on its way to becoming a democratic polity of its own kind. Van Gerven writes from a legal perspective, with an eye to political theory and recent American and European history, and with a diverse readership from both sides of the Atlantic in mind. Copyright 4 Acknowledgments 5 Contents 7 Preface 13 Abbreviations 15 Introduction 18 Chapter 1 The European Union’s Institutions, Identity, and Values 24 I. The European Union In A Nutshell 24 Ii. A European Fbody Politicf And Identity 51 Iii. European Constitutionalism 69 Iv. Conclusions 74 Chapter 2 Accountable Government 79 I. Accountability Of Executive Government 81 Ii. Political Accountability Of Eu Commissioners 98 Iii. Conclusions 115 Chapter 3 The Rule of Law 121 I. Rule Of Law, Reichtsstaat, and Judicial Review 122 Ii. Submission Of Public Authorities To Community Law 127 Iii. Respect For Basic Rights And Fundamental Freedoms 138 Iv. Providing Legal Certainty 154 v. Conclusions 170 Chapter 4 Good Governance 175 I. Integrity And Efficiency 178 Ii. Equality In Law And Affirmative Action 188 Iii. Social Justice And The Welfare State 200 Iv. Conclusions 225 Chapter 5 Open Government 230 I. Civic Responsibility 230 Ii. Free Access To Public Documents 242 Iii. Civil Society, Public Opinion, And Citizen Participation 247 Iv. Freedom Of The Press: A Marketplace For Ideas 259 v. Conclusions 270 Chapter 6 Making a Constitution for Europe 273 I. Constitution Making In The European Union 274 Ii. Competences And Procedures In The Draft Constitution 280 Iii. The Institutions’ Democratic Legitimacy 303 Iv. Issues Still In Need Of A Satisfactory Solution 317 V. Conclusions 322 Chapter 7 Which Form of Government for Europe? 326 I. Forms Of Government: A Comparative Overview 326 Ii. Pure And Mixed Forms Of Presidential And Parliamentary Government: An Assessment 335 Iii. Two Specific Issues: Bicameralism And Political Parties 349 Iv. A Democratic Form Of Government For The European Union 361 v. Conclusions 385 Epilogue 392 Index 406 "This book explains to a general audience what the European Union is about and how it has grown since 1952 into a polity of 25 States and a population of more than 450 million people. It explains the constitution-making process that is currently taking place in the European Union, and the significance of the draft constitution which has been submitted for ratification by the 25 member states. The book is written from a legal perspective, but contains many references to political science and recent American and European history. It aims to show how the distinctive features of a democratic polity that characterize the Member States can be gradually transplanted to the European Union. To make the book useful to a more specialized set of readers, such as students of law and politics, it contains a large number of notes that contain detailed information and point to additional reading on a variety of topics. The book draws on the author's exceptionally wide and profound knowledge of the institutions of the EU, its history, its laws and its varied cultures. "This book, written by one of the greatest scholars of European law, provides a rare insight into the evolving European constitutionalism. Its analytical narrative explores themes of democracy, accountability, human rights and the rule of law and draws comparisons between the US and European political systems. The end result is an excellent essay on European governance" Professor Takis Tridimas, Queen Mary University of London."--Bloomsbury Publishing

'This book demonstrates the same lucidity and wisdom regarding the European Union that students of the European Court of Justice have come to expect from van Gerven's writings from the bench. Van Gerven raises and analyzes a series of important questions about democratic accountability and the rule of law in the EU, and about the meaning and the content of the proposed European Constitution.' -Mark Pollack, Temple University
This book, written by one of the greatest scholars of European law, provides a rare insight into the evolving European constitutionalism. Its analytical narrative explores themes of democracy, accountability, human rights and the rule of law and draws comparisons between the U.S. and European political systems. The end result is an excellent essay on European governance. -Takis Tridimas,University of London 

this Book Provides A General Introduction To The European Union (eu) And Describes How, From Its Origin In 1952, It Has Grown Into A Polity Of 25 States With A Population Of More Than 450 Million.