European Union, Rule of Law, Fundamental Rights, Democracy, EU Constitutional Model, Supranational Principles, CJEU, ECHR, Human Rights
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Abstract
This document discusses the tensions between the EU's supranational principles and national democracy, and the role of the rule of law in protecting fundamental rights.
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[...] A technical uncertainty about the sustainability of growth. ? The failure of the trickle-down effect to reduce inequalities. ? Devastating ecological impacts. ? An illusion of individual well-being based on consumption. 2. Questioning economic growth - Social : growth does not guarantee an equitable distribution of wealth. - Ecological : it is based on an overexploitation of resources, exceeding the planetary boundaries defined by the Stockholm Resilience Center. - Individual : it fuels a race for accumulation without ensuring real well-being. [...]
[...] Establish a internal market and a social economy highly competitive market. Promote the scientific progress, fight against discrimination, and" promote cohesion economic, social and territorial. Protect and value diversity cultural and linguistic. Create a economic and monetary union with the euro. Promote peace and security in its international relations?In brief, it's all well and good, but there are conflicts between these objectives, which makes the European project difficult to implemente.g. eco-competitiveness VS social protection, integration of new states VS preservation of social and cultural homogeneity). [...]
[...] - Weakening of national parliaments to the benefit of European executives. - Influence of lobbies and committees technocratic (comitology). 2. Problem of the absence of a European public space - No 'European demos' due to a lack of common history, language and identity. - Low implication of citizens in the European project. - Weakness of European political parties and pan-European debates. 3. Is European integration irreversible? - Officially, nofor example: Brexit), but leaving the EU is complex. - Material sovereignty often lost, despite formal sovereignty maintained. [...]
[...] Law in Transition and the Role of the Lawyer Changing the Perspective on Law : ? Identify the tensions between growth law (favoring production and consumption) and convivial law (focused on human and environmental needs). ? Revising the legal qualification of certain concepts : ? Is social dumping a market distortion or a consequence of free movement? ? Does advertising fall under freedom of expression or economic control? ? Is the environment a provider of ecosystem services or a common good to be protected? [...]
[...] It compromises the future of future generations through the depletion of resources and the widening of inequalities. 5. Alternative to the current model - Rather than an autonomy based on wealth, some propose a model based on resilience : ? Re-evaluate the role of the market and its impact on basic needs. ? Value local and social dynamics. ? Reassess our relationship with time, avoiding overconsumption and excessive production. 6. Major Legal Currents and their Impact - Positivism : the lawyer applies the law strictly without trying to modify it. [...]
