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See detailThe figure of constitutional law of the "Integrated State": the case of the Grand Duchy of Luxembourg
Gerkrath, Jörg UL

in European Constitutional Law Review (2014), 10(1), 109-125

EU Member State status – Member statehood – The idea of an “Integrated State” – Impact of EU membership on the concepts and substance of national constitutional law – Europeanization of member state’s ... [more ▼]

EU Member State status – Member statehood – The idea of an “Integrated State” – Impact of EU membership on the concepts and substance of national constitutional law – Europeanization of member state’s constitutional law – European constitutional law understood as Europeanized national constitutional law – European functions of constitutional organs – How to protect fundamental rights in a European area characterized by the overlaying of legal sources – The concept of “higher law” within the national legal order – A Union of Constitutionally Integrated States [less ▲]

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See detailThe Relation between the Charter’s Fundamental Rights and the Unwritten General Principles of EU Law - Good Administration as the Test-Case
Hofmann, Herwig UL; Mihaescu, Bucura Catalina UL

in European Constitutional Law Review (2013), (2013), 73-101

This article is a contribution to the debate about the relation between the multiple sources of fundamental rights in the EU legal system. It argues in favour of a non-hierarchic, pluralistic ... [more ▼]

This article is a contribution to the debate about the relation between the multiple sources of fundamental rights in the EU legal system. It argues in favour of a non-hierarchic, pluralistic understanding of these sources. The high practical relevance of this question is analysed by means of a case study of the right to good administration. The article discusses the difficulties in defining the scope of the right to good administration under the Charter of Fundamental Rights of the EU (CFR or the Charter) and that of the right to good administration as a general principle of EU law. In view of this case study, the article argues that adopting a pluralistic understanding of the EU fundamental rights’ sources allows for a clarification and improved understanding of the individual’s rights in the EU legal system. [less ▲]

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See detailCircles of Coherence, On Unity of Case Law in the Context of Globalisation
Meij, Arjen UL

in European Constitutional Law Review (2010), 6(1), 84-101

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See detailRepresentation of the Union's citizens by the European Parliament
Gerkrath, Jörg UL

in European Constitutional Law Review (2005), (1), 73-78

As it is obviously impossible for the modern ‘demos’ to assemble in order to take political decisions, democratic representation is an inevitable tool in large democracies. Representatives have to stand ... [more ▼]

As it is obviously impossible for the modern ‘demos’ to assemble in order to take political decisions, democratic representation is an inevitable tool in large democracies. Representatives have to stand for and to act for the people as a whole. Accordingly, the principle of representative or parliamentary democracy is a fundamental constitutional principle shared by all the Member States of the Union. Democracy doubtlessly works on the national level; the Member States' decisional powers, however, are fading with the constant transfer of competences towards the European level. This leads to a system of European ‘multi-level governance’ with wide consequences for the linkage between the represented peoples of the Member States and their representatives on both national and European levels. [less ▲]

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