Drafting the EU Charter Rights, Legitimacy

This book gives a comprehensive account of the drafting of the EU Charter in the first Convention and shows the important contribution of this process to the constitutional development of the European Union. By drawing on a body of empirical data from the Convention in 1999-2000 it shows how the debates about a catalogue of fundamental rights for the EU prior to enlargement triggered a much wider discussion about the basis and basics of European integration. Thus it can shed new light on the EU's ongoing search for legitimacy.

Justus Schonlau is researcher to an MEP and Associate Research Fellow at the Centre for European Policy Studies in Brussels.

List of Abbreviations

ix

Preface

xi

Acknowledgements

xii

The EU Charter of Fundamental Rights: Legitimating the European Union

1

(11)

EU legitimacy and fundamental rights

1

(5)

The structure of the volume

6

(4)

The Charter and EU legitimacy

10

(2)

Legitimacy and Fundamental Rights

12

(25)

Introduction: fundamental rights and European integration

12

(2)

Basic concepts

14

(7)

Fundamental rights and legitimacy

21

(6)

The process of legitimation through rights

27

(5)

The European Union and fundamental rights

32

(5)

What Kind of Legitimacy for the EU?

37

(39)

Introduction: the EU's problematic legitimacy

37

(4)

The EU polity problem

41

(6)

EU modes of legitimation

47

(11)

European citizenship: defining the EU-demos?

58

(11)

EU constitutionalism: defining the EU polity?

69

(4)

Conclusion: problems and solutions of EU legitimacy

73

(3)

Drafting the Charter in the Convention

76

(47)

Introduction: the dimensions of the EU polity

76

(4)

Creating, defining or just summarising rights?

80

(11)

European identity and the EU Charter: who and what is Europe?

91

(7)

Deliberating the common value foundations of Europe

98

(9)

The Charter process: a deliberative experiment in new styles

107

(11)

Conclusion: the Convention - what kind of legitimacy through deliberation?

118

(5)

The Impact of the Charter

123

(39)

Introduction: is the glass half full or half empty?

123

(5)

The Charter's impact from the legal perspective

128

(10)

The discourses of legitimacy

138

(5)

The Convention process and its limitations

143

(13)

The Charter's role in legitimating the EU: what does it mean?

156

(3)

Conclusion: the Charter and the future of Europe

159

(3)

Linking Rights, Process and Legitimacy

162

(9)

The Charter process as a legitimating exercise

162

(2)

The Charter's significance

164

(4)

Defining the nature of the beast by the air it breathes

168

(3)

Appendix: Convention Members Interviewed

171

(1)

Notes

172

(26)

Select Bibliography

198

(9)

Index

207

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Drafting the EU Charter Rights, Legitimacy and Process

Summary

Author Biography

Table of Contents

Supplemental Materials