© 2013 – Routledge
Despite the rejection of the EU Constitutional Treaty eventually leading to the adoption of the Lisbon Treaty, the debates concerning the European Union’s constitutional framework continue. This book builds on the discourse in European Union constitutionalism in order to offer a novel analysis of the EU’s constitutional developments.
Giuseppe Martinico sets out a unique account of EU constitutionalism which argues that the EU legal order is a complex entity which shares some features with natural systems. The book is soundly anchored in the theory and methodology of legal science and based on a deep knowledge of judicial practices. The author contends that Europe is still suffering from the failure of the Constitutional Treaty and is practicing the new institutional equilibrium afforded by the coming into force of the Reform Treaty. The book goes on to explore the methodological implications of such constitutional complexity for the study of EU law. The Tangled Complexity of the EU Constitutional Process will be of particular interest to academics and students in the disciplines of Law, International Relations and Political Science.
1. Only a Drop in the Ocean? An Attempt to Classify the Debate About the Notion and the Nature of the European Constitution 2. Dealing with Constitutional Theories Of European Integration 3. Constructivism and Evolutionism In The Last Twenty Years of (Mega) Constitutional Politics in the EU 4. Complexity in Action: From The Structure to the Actors 5. On The Future of Constitutional Conflicts