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Public Law and Legal Theory

Maurer School of Law: Indiana University

2017

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The Rise Of The Executive And The Post-Political Drift Of European Public Law, Marco Dani Aug 2017

The Rise Of The Executive And The Post-Political Drift Of European Public Law, Marco Dani

Indiana Journal of Global Legal Studies

Contemporary European public law is marked by the uneasy relationship between national constitutional democracies and the executive-based supranational governance of the European Union. Whereas constitutional democracy remains the dominant source of inspiration for European institutional imagination, the supranational executive has relentlessly expanded its scope and institutional culture to key policy fields at the core of national constitutional democracies. This article tracks the rise of the supranational executive by examining three relational paradigms developed between national constitutional democracies and the European Union in distinct phases of the European integration process (i.e., the complementarity paradigm in the foundational period; the competition paradigm …