This essay discusses the ascent and the decline of the multilevel paradigm: a doctrine that represented the European system as a real constitutional system, a unitary legal system, although legally pluralist and therefore deprived of the character of exclusivity. In this essay, I underline that the sovereign debt crisis has placed the Union in the grip of an unquestionable constitutional disorder. The principle of mutual recognition of constitutional authority among systems belonging to the European Area, the core of the multilevel paradigm, is no longer the unquestioned prerequisite of the case-law of the crisis (as highlighted by the case-law of the FCC). Therefore the multilevel theory is the wrong ‘prescription’ to overcome the constitutional disorder. On the contrary, what is required is a new doctrine able to disclose: real constituent powers of the current globalized world and their conflict for the sovereignty.

Il superamento della multilevel theory nei rapporti tra l’Europa, gli stati membri e i livelli di governo sub-statale

CANTARO, ANTONIO
2016

Abstract

This essay discusses the ascent and the decline of the multilevel paradigm: a doctrine that represented the European system as a real constitutional system, a unitary legal system, although legally pluralist and therefore deprived of the character of exclusivity. In this essay, I underline that the sovereign debt crisis has placed the Union in the grip of an unquestionable constitutional disorder. The principle of mutual recognition of constitutional authority among systems belonging to the European Area, the core of the multilevel paradigm, is no longer the unquestioned prerequisite of the case-law of the crisis (as highlighted by the case-law of the FCC). Therefore the multilevel theory is the wrong ‘prescription’ to overcome the constitutional disorder. On the contrary, what is required is a new doctrine able to disclose: real constituent powers of the current globalized world and their conflict for the sovereignty.
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11576/2638196
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact