engleski

Discourse and Authority in European and Post Communist Legal Culture

Based on Paul Feyerabend's distinction between guided and free exchange author argues that accession of post-communist States to the European Union took form of the former, i.e. the form of communication where all participants in the process voluntarily embraced the meaning of law developed through inter-institutional discourse within the European Union. However, due to the nature of European Law which does not apply to purely internal situations in Member States, a complete guided exchange between the EU and candidate countries is not possible. Unity of and loyalty to the European constitutional framework, in the enlarged European Union is best served by discoursive construction of meaning of constitutional choices, principles and rules.

Discourse; Constitution; European Union

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