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A Union of Peoples: Europe as a Community of Principle

Oxford, UK: Oxford University Press (2020)

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  1. What Is Wrong with Solidarity in EU Asylum and Migration Law?Eleni Karageorgiou & Gregor Noll - 2022 - Jus Cogens 4 (2):131-154.
    In this article, we explore why solidarity has not worked according to expectation in EU migration and asylum law and why it is unlikely to work in the future. First, we consider discourses of burden-sharing and solidarity in EU law from the 1990s up to the Lisbon Treaty in 2009 to identify emergent path dependencies. This period saw the introduction of primary law provisions on solidarity, such as Article 80 TFEU, as French and Dutch electorates had rejected a European constitution. (...)
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  • The Idea of Discursive Constituent Power.Massimo Fichera - 2021 - Jus Cogens 3 (2):159-180.
    The question addressed by this article is whether a form of constituent power exists at the EU level. It is argued that European integration has not suppressed the idea of people as constituent power. Instead, the idea of ‘people’ has been constructed through the discourses of security and rights. Ever since the early stages of European integration, the security and rights discourses have consisted in the articulation of a meta-constitutional rationale, which is here called the ‘security of the European project’, (...)
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