{"title":"欧盟法律中的立法、授权行为、共犯和机构间难题——配置欧盟规范空间","authors":"Alexander H. Türk","doi":"10.1111/eulj.12400","DOIUrl":null,"url":null,"abstract":"<p>This article seeks to contribute to <i>The Conference on the Future of Europe</i> by arguing that its debates on substantive policies and democratic foundations cannot be detached from consideration being given to the configuration of the Union's normative spaces in which those policies will be developed and implemented. In its current stage of development, we can find in the Union legal system two competing conceptions for the configuration of its different normative spaces, one that relies on the Member States for resources and legitimacy and another that intends to free itself from those constraints. This article will argue that a uniquely European model of governance will benefit from the integration of both conceptions in the configuration of its normative spaces, not only where they are provided for by the Union Treaties but also where they have developed in the shadow of those official spaces, which they complement and increasingly supplant.</p>","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"26 5-6","pages":"415-428"},"PeriodicalIF":1.4000,"publicationDate":"2021-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/eulj.12400","citationCount":"1","resultStr":"{\"title\":\"Legislative, delegated acts, comitology and interinstitutional conundrum in EU law – configuring EU normative spaces\",\"authors\":\"Alexander H. Türk\",\"doi\":\"10.1111/eulj.12400\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>This article seeks to contribute to <i>The Conference on the Future of Europe</i> by arguing that its debates on substantive policies and democratic foundations cannot be detached from consideration being given to the configuration of the Union's normative spaces in which those policies will be developed and implemented. In its current stage of development, we can find in the Union legal system two competing conceptions for the configuration of its different normative spaces, one that relies on the Member States for resources and legitimacy and another that intends to free itself from those constraints. This article will argue that a uniquely European model of governance will benefit from the integration of both conceptions in the configuration of its normative spaces, not only where they are provided for by the Union Treaties but also where they have developed in the shadow of those official spaces, which they complement and increasingly supplant.</p>\",\"PeriodicalId\":47166,\"journal\":{\"name\":\"European Law Journal\",\"volume\":\"26 5-6\",\"pages\":\"415-428\"},\"PeriodicalIF\":1.4000,\"publicationDate\":\"2021-12-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://onlinelibrary.wiley.com/doi/epdf/10.1111/eulj.12400\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"European Law Journal\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://onlinelibrary.wiley.com/doi/10.1111/eulj.12400\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Law Journal","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/eulj.12400","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Legislative, delegated acts, comitology and interinstitutional conundrum in EU law – configuring EU normative spaces
This article seeks to contribute to The Conference on the Future of Europe by arguing that its debates on substantive policies and democratic foundations cannot be detached from consideration being given to the configuration of the Union's normative spaces in which those policies will be developed and implemented. In its current stage of development, we can find in the Union legal system two competing conceptions for the configuration of its different normative spaces, one that relies on the Member States for resources and legitimacy and another that intends to free itself from those constraints. This article will argue that a uniquely European model of governance will benefit from the integration of both conceptions in the configuration of its normative spaces, not only where they are provided for by the Union Treaties but also where they have developed in the shadow of those official spaces, which they complement and increasingly supplant.
期刊介绍:
The European Law Journal represents an authoritative new approach to the study of European Law, developed specifically to express and develop the study and understanding of European law in its social, cultural, political and economic context. It has a highly reputed board of editors. The journal fills a major gap in the current literature on all issues of European law, and is essential reading for anyone studying or practising EU law and its diverse impact on the environment, national legal systems, local government, economic organizations, and European citizens. As well as focusing on the European Union, the journal also examines the national legal systems of countries in Western, Central and Eastern Europe and relations between Europe and other parts of the world, particularly the United States, Japan, China, India, Mercosur and developing countries. The journal is published in English but is dedicated to publishing native language articles and has a dedicated translation fund available for this purpose. It is a refereed journal.