Chapter

The Idea of European Demoicracy*

Kalypso Nicolaidis

in Philosophical Foundations of European Union Law

Published in print October 2012 | ISBN: 9780199588770
Published online January 2013 | e-ISBN: 9780191741029 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199588770.003.0010

Series: Philosophical Foundations of Law

The Idea of European Demoicracy*

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This chapter analyzes the theory of “demoicracy” in the EU. It provides a historical account of federalism and “demoicracy.”. It shows that the treaties seem to accept the fact that the European Union is based on the mutual recognition of identities and not their merger. Even though the balance between federal union and self-government need not always be stable, a Kantian view of the EU as a union of states is advocated. It is argued that there is nothing new or revolutionary in claiming that the EU represents a “federalism of free states” or a federal union rather than a federal state. This idea has been put forward by the second article of Kant's Perpetual Peace, which presupposes that a federal union of states is not a state. The federal union transcends the “sacrosanct distinction” between domestic public law and international law. A federal union is a voluntary legal union of states that is based on regular and organized deliberation and not on those states' subordination to a higher authority.

Keywords: European Union; federalism; democracy; Kant; perpetual peace; federal union; EU law

Chapter.  15401 words. 

Subjects: EU Law

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