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Membership in the EU: Membership requirements and federal discipline in the area of liberal democratic principles : a comparative legal analysis

Berning, T.G.F. (2016) Membership in the EU: Membership requirements and federal discipline in the area of liberal democratic principles : a comparative legal analysis.

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Abstract:This thesis analyzed how the EU defends its liberal democratic principles against its member states. The thesis focused on Art.7 TEU and its equivalents in the German federal context and the United Nations. The thesis found sovereignty, understood as indivisible final authority, to be too narrow a concept to fully understand how homogeneity can be secured with regards to liberal democratic principles in a multi-level governance environment. Building on the theory of constitutional pluralism this thesis finds that inter alia the strictness of the material and procedural requirements with regards to determining infringements of liberal democratic principles as well as the measures available to the higher level to sanction entities of the lower level play a crucial role for understanding the character of a legal community. The more a multi-level governance system is focused on internal cohesion the lower will be the thresholds for it to determine a violation of its liberal democratic principles by one of its entities. Measures taken by the higher level will typically either be aimed at the rights of the state within the system or measures will be of a more coercive character aimed at restoring compliance with liberal democratic principles.
Item Type:Essay (Master)
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:86 law
Programme:European Studies MSc (69303)
Link to this item:http://purl.utwente.nl/essays/72155
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