Skip to main content
×
Home
    • Aa
    • Aa

FROM SPECIALITY TO A CONSTITUTIONAL SENSE OF PURPOSE: ON THE CHANGING ROLE OF THE OBJECTIVES OF THE EUROPEAN UNION

  • Joris Larik (a1)
Abstract
Abstract

After the Lisbon Treaty, the objectives of the European Union are more numerous and ambitious than ever. But what is their importance and function within the ‘thickening’ legal order of the EU? Combining insights from both the law of international organizations and comparative constitutional law, the article traces the diverging role of objectives for, on the one hand, a traditional international organization marked by the principle of ‘speciality’ and, on the other, a maturing legal order increasingly exhibiting ‘constitutional’ traits. It argues that in the case of the EU, objectives and competences have developed into two related but distinct norm categories. While objectives serve to bolster arguments to shape such powers, they no longer represent a rationale in their own right for founding competences. The EU no longer justifies its existence solely by striving for a particular set of goals. Rather, these norms represent an entrenched duty to pursue these objectives through the actors, structures and procedures available, regardless of the Union's ultimate form (finalité). Today, the EU stands for certain values and has been endowed with powers, the exercise of which is guided by promoting these various aspects of the ‘common good’.

Copyright
Linked references
Hide All

This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

F Sorrentino , ‘The purposes of the European Union according to the Constitutional Treaty’ in HJ Blanke and S Mangiameli (eds), Governing Europe under a Constitution: The Hard Road from the European Treaties to a European Constitutional Treaty (Springer2006) 123

O Chinnappa Reddy , The Court and the Constitution of India: Summits and Shallows (OUP2010)

J Balkin , Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press2011)

M Cremona , ‘The Two (or Three) Treaty Solution: The New Treaty Structure of the EU’ in A Biondi , P Eeckhout and S Ripley (eds), EU Law After Lisbon (OUP2012) 40

B de Witte , ‘The European Union as an international legal experiment’ in G de Búrca and JHH Weiler (eds), The Worlds of European Constitutionalism (CUP2011)

JHH Weiler , ‘Does Europe Need a Constitution? Demos, Telos and the German Maastricht Decision’ (1995) 1 ELJ 219

R Streinz , ‘European Integration through constitutional law’ in H-J Blanke and S Mangiameli (eds), Governing Europe under a Constitution: The Hard Road from the European Treaties to a European Constitutional Treaty (Springer2006)

M Claes and M de Visser , ‘Reflections on comparative method in European constitutional law’ in M Adams and J Bomhoff (eds), Practice and Theory in Comparative Law (CUP2012)

E Stein , ‘Lawyers, Judges, and the Making of a Transnational Constitution’ (1981) 75 AJIL 1

M Pollack , The Engines of European Integration: Delegation, Agency, and Agenda Setting in the EU (OUP2003)

T Tridimas , ‘Competence after Lisbon: The Elusive Search for Bright Lines’ in D Ashiagbor , N Countouris and I Lianos (eds), The European Union after the Treaty of Lisbon (CUP2012)

L Azoulai , ‘Introduction: The question of competence’ in L Azoulai (ed), The Question of Competence in the European Union (OUP2014)

R Schütze , From Dual to Cooperative Federalism: The Changing Structure of European Law (OUP2009)

J Larik , ‘Entrenching Global Governance: The EU's constitutional objectives caught between a sanguine world view and a daunting reality’ in B Van Vooren , S Blockmans and J Wouters (eds), The EU's Role in Global Governance: The Legal Dimension (OUP2013)

Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

International & Comparative Law Quarterly
  • ISSN: 0020-5893
  • EISSN: 1471-6895
  • URL: /core/journals/international-and-comparative-law-quarterly
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×

Keywords:

Metrics

Altmetric attention score

Full text views

Total number of HTML views: 5
Total number of PDF views: 42 *
Loading metrics...

Abstract views

Total abstract views: 183 *
Loading metrics...

* Views captured on Cambridge Core between September 2016 - 23rd August 2017. This data will be updated every 24 hours.