Sognsveien 68 (map)
What is the normative basis of a common European voice in foreign affairs? The article traces EU legitimacy in the consistent promotion of human rights, carrying normative power as well as an increasingly solid basis in international law.
Janne Haaland Matlary
This paper takes as point of departure the argued case for a European constitution implementing social as well as fundamental human rights. It discusses further what effects could and should follow from a formalization of social rights in the EU.
ARENA Working Paper 32/2002 (html)
Agustín José Menéndez
While a federal order often involves a conflict between (individual) equality and (regional) autonomy, it is argued in this paper that the additional advantages of autonomy point towards federal arrangements - insofar as no fundamental rights are under threat.
ARENA Working Paper 08/2001 (html)
In a time where Europeans reflect on how to reflect human rights and solidarity in the Constitutional Treaty, this paper develops a theory of federal justice to respond to some key issues. Aspiring to supplement Rawls’ Law of the Peoples, particular emphasis is put on the justification of differentiated human rights and distributive inequality in a federal order.
This paper reflects on the position of the Constitution for Europe in relation to liberal-democratic theory. While clearly not a Constitution in the strict sense of the term, the Treaty nevertheless provides a potential for future democratic consolidation at the EU level. This requires, however, that the scope of the Treaty is not over-constitutionalised.
Agustín José Menéndez
This article discusses whether deliberation and decision-making on the constitutional norms of the EU can contribute to render it more democratic. Observing the procedural changes to constitution-making introduced with Laeken (notably the Convention), it is argued in the paper that such changes have made some progress towards rectifying the Union's legitimacy deficit.
John Erik Fossum & Agustín José Menéndez
This paper gives an assessment of the EFTA Court at the tenth anniversary of its existence. It is argued here that from the point of view of national courts, ther is no discernible difference in jurisdiction between the EFTA Court and the European Court of Justice. Other factores, such as institutional and cultural legacies in the member states more significantly affect the supply of referrals from national courts.
Hans Petter Graver