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Finality vs. Enlargement - Constitutive Practices and Opposing Rationales in the Reconstruction of Europe

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Antje Wiener
Abstract

The paper argues that the parallel development of the debate over political finality, on the one hand, and compliance with the accession acquis, on the other, brings two opposing action rationales to the fore. Depending upon how deliberation about finality and compliance proceeds, compliance can either mean conflict or smooth adaptation and successful revision of political procedures. The benchmark for success might not be constituted by an ever growing reservoir of detailed elaborations on governance principles or yet another plan to bring Europe 'closer to the citizen' but might lie in a concept that enables the establishment of equal access to deliberation for all participating parties. The paper focuses on the necessity of interdisciplinary work that straddles the boundaries of law and the social sciences in order to bring the constitutive impact of the interrelated finality and compliance rationales to the fore. It argues that resonance with evolving constitutional substance will be enhanced by a constitutionalized space for deliberation that allows for dialogic politics. Theoretically, the paper advances a societal approach to compliance.

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Paper provided by Jean Monnet Chair in its series Jean Monnet Working Papers with number 8.

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Date of creation: 29 Sep 2002
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Handle: RePEc:erp:jeanmo:p0008

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Web page: http://www.jeanmonnetprogram.org/

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Keywords: constitution building; enlargement; European Convention; institutions; implementation;

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This paper has been announced in the following NEP Reports: References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
  1. Yoichiro Usui, 2002. "Norm Evolution in EC Environmental Law," The Constitutionalism Web-Papers p0001, University of Bath, Department of European Studies and Modern Languages. [Downloadable!]
  2. Schimmelfennig, Frank, 2001. "The Community Trap: Liberal Norms, Rhetorical Action, and the Eastern Enlargement of the European Union," International Organization, Cambridge University Press, vol. 55(01), pages 47-80, February. [Downloadable!]
  3. Daniela Obradovic, 1996. "Policy Legitimacy and the European Union," Journal of Common Market Studies, Blackwell Publishing, vol. 34(2), pages 191-221, 06. [Downloadable!] (restricted)
  4. Frank Schimmelfennig, 2001. "The Community Trap: Liberal Norms, Rhetorical Action, and the Eastern Enlargement of the European Union," International Organization, MIT Press, vol. 55(1), pages 47-80, March. [Downloadable!] (restricted)
  5. Andreas Føllesdal, 1998. "Third Country Nationals as Euro Citizens: The Case Defended," ARENA Working Papers 9, ARENA. [Downloadable!]
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