History has made a brutal comeback in Europe. Putin’s Russia is waging war against Ukraine. The resistance of Ukraine and the unity of the ‘West’ teach us that international affairs are not only about power and interests. It is about principles as well – about freedom and self-determination, about human rights, the rule of law, and democracy. Increasingly, with a more assertive China, there is a struggle between autocracy and democracy. Analysts point out that it is not the fear of NATO that caused Putin to resort to arms; rather, it was the fear of a democratic Ukraine in the EU. The war is a stark reminder of the constitutional intent of the European integration process and the appreciation of democracy, which is a condition sine qua non for a rightful European political order.
The integration of Europe has domesticated international relations at the continent, safeguarded member states’ democracies, enabled collective action and supranational problem-solving. It has brought about the European Union (EU) and a democratic ‘surplus’. How has this been possible when the binding effect of EU law is grounded neither in the sovereign’s monopoly on power at the European level nor in the final decision-making authority of the EU? An answer to this puzzle is found in the fact that a public coercive framework, has been established, which aims at solving the indeterminacy and assurance problems facing international cooperation. The enabling condition of sovereignty is replaced by those of co-legislation and a binding judicial process. The latter creates reasons for deference to legitimate authority and hence a compliance condition. However, since the Union falls short of meeting certain democratic standards, oversteps competences, and is plagued with inertia, there is call for constitutional reform.
The full article can be found here: https://doi.org/10.1017/S1755773924000353
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