RISULTATI RICERCA

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Ernesto Gallo

Verso un nuovo impero europeo?

TEORIA POLITICA

Fascicolo: 1 / 2005

Some scholars have been recently arguing that current European political system shows some features which were typical of the Middle Ages. The European Union, neither a state nor a federation nor a confederation, shares with its imperial ancestor, the Holy Roman Empire, several traits: both live together with decentralized authorities, show weak institutional structures, overlapping levels of power, and face difficulties when playing outside their blurred borders, to mention only few aspects. Shall we conclude that the Union is a kind of post-national empire, although embedded in a democratic political culture? Differences are greater than supposed. While medieval emperors ruled together with a kind of international of noblemen, the EU is striving to develop a supranational, democratic community. Moreover, the Union has contributed to the convergence between democratic and non-democratic countries, and enhanced the economic level of its poorest regions. Differences with material damages brought about by medieval and Habsburg imperial policies and wars are striking. The article argues that the EU is no democratic empire: on the one hand, this category constitutes a kind of logical contradiction; on the other, the weaknesses of the democratic structure of the Union can be understood in the framework of a process which shows the emergence of the first supranational community of states and citizens in history: a community, as in the wording of the «founding fathers», not an empire.

The essay deals with the current tussle over the political and legal defintions of the EU. By confronting the actual strucute of the European Union with some of the major categories in western political thought (such as State, nation, etc.), the article aims to test the conceptual consistency not only of the Draft Treaty but also of some theoretical innovations recently put forth by EU-scholars. Particularly relevant is the analysis of multilevel governance as an alternative to classic federalism.

Pier Paolo Portinaro

Una disciplina al tramonto? La Staatslehre da Georg Jellinek all'unificazione europea

TEORIA POLITICA

Fascicolo: 1 / 2005

After the Second World War German (and Austrian) law doctrine has kept on producing syntheses which thirsted for the honoured academic name of Staatslehre. But the last classic season is the one which begins with the Allgemeine Staatslehre by Georg Jellinek in 1900 and ends up with the Staatslehre by Hermann Heller (1934). During these three decades we have the impotant syntheses by Max Weber, Hans Kelsen, Carl Schmitt, Rudolf Smend, which try to give a unitary answer to the separation between social doctrine and law doctrine of the State put forward by Jellinek. Recently Jellinek’s theory has been taken up again, also in order to redefine the nature of the cathegories of public law.

Giuseppe Favretto

Presentazione

DiPAV - QUADERNI

Fascicolo: 12-13 / 2005