Czasopisma Naukowe w Sieci (CNS)

Procedura jako sposób rozwiązywania sporów i legitymizacji w procesach integracji europejskiej

  1. Joanna Helios
  2. Wioletta Jedlecka

Abstract

PROCEDURE AS A METHOD OF RESOLVING DISPUTES AND LEGITIMIZATION IN THE PROCESS OF EUROPEAN INTEGRATION

The purpose of this paper is an attempt to draw attention to the increasing role of procedure in the processes of integration and globalization. In view of this intention, the authors focused on three issues: first, the phenomenon of proceduralisation of the law, presenting various approaches to proceduralisation; second, the possibility of using procedures to resolve disputes between states. We rely mainly on the disputes between the Member States of the EU; thirdly, we bring to the reader’s attention the question of the legitimization of the EU, assessed on the basis of procedural democracy.
As a result of considerations, the authors come to the following conclusions:
1) The problem of the proceduralisation of the law — especially in the context of European integration — is extremely important and deserves more theoretical developments.
2) The relationship between the three issues raised in the draft: the procedural approaches to law, proceduralisation of the European law and procedural aspects of democracy, takes place in relation to Habermas’s theory of communication. The latter is an excellent link, because it shows that in both law and democracy it is necessary to strive for a compromise (consensus).
3) Various disputes arise between the Member States. The background of these disputes is mainly material in character (concerns the content). The procedure, in turn, is used as a means to resolve conflicts.
4) The problem of the legitimization of the EU, especially European law, causes doctrinal disputes. It is difficult for a consensus in the literature. The draft includes the proposal for a legitimization in the context of procedural democracy.

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Przegląd Prawa i Administracji

93, 2013

Strony od 11 do 30

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