强化制度权力:欧盟治理中的常态话语

IF 2.9 2区 社会学 Q1 LAW
Petr Agha
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引用次数: 0

摘要

本文探讨了欧盟(EU)话语中的 "常态 "概念,重点关注欧盟对变革动态和挑战的回应,尤其是 2008 年后的回应。我分析了欧盟是如何在意识形态至高无上地位日渐式微的情况下,通过 "常态 "框架强化其制度权力的。通过强调宪政化和通过法律手段实现一体化,欧洲法院(ECJ)等机构扩大了自己的作用,促进 "通过法律实现一体化",以对抗被无情地贴上民粹主义标签的另类政治项目,从而催生了作为一种话语工具的反民粹主义。本文以危机话语和诊断实践为基础,探讨了正常状态如何使欧盟治理中的现有权力结构合法化并使之永久化,如何巧妙地胁迫成员国和公民接受其规范和价值观,从而塑造正常状态以及不可避免性的观念。这一框架的核心是法治(RoL),它首先确立了法律界限,但同时也塑造了政治环境。我的论文认为,只关注法律解释掩盖了导致成员国之间权力动态和经济差距长期存在的潜在结构性因素,从而限制了适应性反应。我研究了 "成长为民主国家 "的叙事及其对欧洲项目论述的影响,尤其是在中欧和东欧(CEE)国家。然后,我仔细研究了专家和 "法学家 "在强化这种说法的同时掩盖潜在的不平等和权力差异方面所起的作用。此外,本文还探讨了欧盟机构在危机期间对语言和话语的战略部署,强调了它们对公众理解、政治行动和结果的影响。最后,本文调查了欧盟对危机话语和诊断实践的战略性使用,尤其关注司法机构的地位提升,但也强调了这一轨迹如何也会对立法和行政机构产生负面影响,因为它们在这一过程中的作用正在减弱。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Reinforcing Institutional Power: The Discourse of Normalcy in European Union Governance

This paper examines the notion of normalcy within the discourse of the European Union (EU), with a focus on its response to transformative dynamics and challenges, especially post-2008. I analyse how the EU, facing diminishing ideological supremacy, has reinforced its institutional power through the framework of normalcy. By emphasizing constitutionalisation and integration through legal means, bodies such as the European Court of Justice (ECJ) have expanded their roles, promoting "integration through law" to counter alternative political projects invariably labelled as populist, thereby giving rise to anti-populism as a discursive tool. Drawing on crisis discourse and diagnostic practice, this paper explores how normalcy legitimises and perpetuates existing power structures within EU governance, subtly coercing member states and citizens into accepting its norms and values, thus shaping perceptions of normalcy and also inevitability. At the core of this framework lies the rule of law (RoL), which establishes legal boundaries in the first place, but in the same move shapes political contexts.

My paper argues that the exclusive focus on legalistic interpretations obscures the underlying structural factors perpetuating power dynamics and economic disparities among member states, constraining adaptive responses. I examine the narrative of "growing up to democracy" and its impact on the European project discourse, particularly in Central and Eastern European (CEE) countries. I then scrutinise the roles of experts and the “juristocracy” in reinforcing this narrative while simultaneously masking underlying inequalities and power differentials. Furthermore, the paper explores the strategic deployment of language and discourse by EU institutions during crises, highlighting their implications for public understanding, political action, and outcomes. Finally, it investigates the EU's strategic use of crisis discourse and diagnostic practices, focusing particularly on the ascendancy of the judiciary, but also highlighting how this trajectory may also have negative influence of legislative and executive bodies as their role diminishes in the process.

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来源期刊
CiteScore
4.10
自引率
18.20%
发文量
16
期刊介绍: The Hague Journal on the Rule of Law (HJRL) is a multidisciplinary journal that aims to deepen and broaden our knowledge and understanding about the rule of law. Its main areas of interest are: current developments in rule of law in domestic, transnational and international contextstheoretical issues related to the conceptualization and implementation of the rule of law in domestic and international contexts;the relation between the rule of law and economic development, democratization and human rights protection;historical analysis of rule of law;significant trends and initiatives in rule of law promotion (practitioner notes).The HJRL is supported by HiiL Innovating Justice, The Hague, the Netherlands and the Paul Scholten Center for Jurisprudence at the Law School of the University of Amsterdam, the Netherlands.Editorial PolicyThe HJRL welcomes contributions from academics and practitioners with expertise in any relevant field, including law, anthropology, economics, history, philosophy, political science and sociology. It publishes two categories of articles: papers (appr. 6,000-10,000 words) and notes (appr. 2500 words). Papers are accepted on the basis of double blind peer-review. Notes are accepted on the basis of review by two or more editors of the journal. Manuscripts submitted to the HJRL must not be under consideration for publication elsewhere. Acceptance of the Editorial Board’s offer to publish, implies that the author agrees to an embargo on publication elsewhere for a period of two years following the date of publication in the HJRL.
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