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The Common European Constitutional Culture

Its Sources, Limits and Identity

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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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From the Community of Law to the Community of Principles

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Abstract: The articles attempts to formulate a new respond do the problem of the future of Europe. The future of Europe and the creation of the conditions for the observance of human rights require not only political will, but also very good theoretical basis for decision-making processes. The scope of the considerations presented in this essay applies to the discussion on the construction of the European system and the mode of taking the most important decisions. It is argued that it is crucial to agree on and share the contents of two principles, namely the rule of law principle and legitimacy principle.

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