The essay aims at criticizing the theories of the post-sovereignty, which tend to represent the process of the european integration as a Sonderweg towards the decisive overcoming of the modern State and as a model for the future evolution of the other areas of the world. The analysis of the main categories used by the theories the juridical post-modernity (governance, soft law, non-state-law, juridical cosmopolitism, global constitutionalism, pluralism, network, subsidiarity) displays the secret convergences between the theoretical model of the post-sovereign Europe and the anti-statual and anti-political istances of the egemonic cycle of neo-liberalism. After the failure of the project of the european Constitution and the difficulties of Europe in facing the global economic crisis, the juridical-institutional form of the European Union begins to reveal itself as inconsistent rather than original.
La forma introvabile. L'Europa e la via giuridica all'unificazione
D'ATTORRE, ALFREDO
2011
Abstract
The essay aims at criticizing the theories of the post-sovereignty, which tend to represent the process of the european integration as a Sonderweg towards the decisive overcoming of the modern State and as a model for the future evolution of the other areas of the world. The analysis of the main categories used by the theories the juridical post-modernity (governance, soft law, non-state-law, juridical cosmopolitism, global constitutionalism, pluralism, network, subsidiarity) displays the secret convergences between the theoretical model of the post-sovereign Europe and the anti-statual and anti-political istances of the egemonic cycle of neo-liberalism. After the failure of the project of the european Constitution and the difficulties of Europe in facing the global economic crisis, the juridical-institutional form of the European Union begins to reveal itself as inconsistent rather than original.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
