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The Common European Constitutional Culture

Its Sources, Limits and Identity

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Edited By Roman Hauser, Marek Zirk-Sadowski and Bartosz Wojciechowski

The authors focus on the interrelations between the sense of individual identity and the sense of national identity. Their aim is to find a common European legal culture. The processes of Europeanization have been proceeding on the legal level, wherein the CJEU took a prominent role, and on the level of intergovernmental decision-making. In the aftermath, the EU may be comprehended in terms of the rights-based union and problem-solving entity although the emergence of the values-based community has been stymied and the transnational public spheres are rather thin. This caused a democratic deficit and provoked debates about the EU as a post-democratic polity. There are disputes whether this oddity of the EU indicates its nobility or perversion. But the fact remains that the Eurocitizens in their post-sovereign states became lost in the Hegelian extreme terms of the universal-formal rights. Their individual interests made them especially exposed to the shocks of the economic crisis. This makes it necessary to address the issue of the common European constitutional culture.
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Introduction

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The fundamental postulate from Lisbon Treaty 2007 and other basic EU’s acts is to make “an ever closer Union among the peoples of Europe” (Art 1) and empower its citizens to participate in processes of will-formation because the rule of law and the principle of democracy have the same source of their legitimacy, notably, public spheres. Thus unleashing normative premises of institutionalization of discourse occurs Janus-faced as it runs towards the human rights interpretation and recognition, that means, it results in the interplay between universalizable normative claims and their interpretation coloured with the ethical fibre – be it national, ethnic or cultural.

Nevertheless, processes of Europeanization have been proceeding on the legal level basically, wherein the prominent role was casted by the CJEU, and also on the level of intergovernmental decision-making. In the aftermath of such a proceeding the EU may be comprehended in terms of the rights-based union and problem-solving entity though the emergence of the values-based community has been stymied and the transnational public spheres are rather thin. In other words, the ethical fibre became crumpled up or at least huddled for the effective governance performance what caused a democratic deficit and gave rise to debates on the EU as a post-democratic polity. There are disputes whether this oddity of the EU indicates its nobility or perversion, but the fact remains, that the Eurocitizens, in their post-sovereign states, became lost in the Hegelian extreme terms of the universal-formal rights (including the ECJ rulings in the...

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