Journal Article

How to Reconcile the Functional–Rationalist and the Culturalist Perspective in the Euro Area Crisis: The Road towards Multiple Identities of EU Citizens

Constanze Semmelmann

in Yearbook of European Law

Volume 33, issue 1, pages 84-137
Published in print January 2014 | ISSN: 0263-3264
Published online December 2014 | e-ISSN: 2045-0044 | DOI: https://dx.doi.org/10.1093/yel/yeu025
How to Reconcile the Functional–Rationalist and the Culturalist Perspective in the Euro Area Crisis: The Road towards Multiple Identities of EU Citizens

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  • Comparative Law
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  • Private International Law and Conflict of Laws
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The present paper starts by sketching the European Union (EU)’s democracy problems that have aggravated in light of the euro area crisis, the unprecedented complexity of the (re-)distributive issues involved and the role of non-majoritarian institutions. Against this backdrop, it seeks to direct attention to issues that serve as preconditions for effective decision and policy making in a community of diverse composition, namely a sense of belonging to this community. This will be referred to as the ‘culturalist’ argument throughout the paper. Concerning the Economic and Monetary Union (EMU) and the ongoing correction of design flaws, the article will argue that the allocation of powers does not only have to meet functional criteria (which will be referred to as the ‘functional–rationalist’ argument), but is also to be supported by EU citizens in a less technical sense. It is submitted that this support can be facilitated by developing multiple identities based on multiple allegiances of citizens that combine both the acceptance of powers of their states and of the powers assigned to the EU. Both sorts of identities are functionally different and are to be distinguished on the basis of the transnational element involved. In order to shape multiple identities in a sustainable fashion which are meant to legitimize political authority, the outright recognition of diversity within the EU appears indispensable.

Journal Article.  26752 words. 

Subjects: Comparative Law ; EU Law ; Private International Law and Conflict of Laws ; Public International Law

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