Suchergebnisse

The EU lacks the legal ideology as a social instrument that could satisfy the spirit of liberal democracy and would help to consolidate different societies to a solid European demos. Although the existence of an ideological system alone does not guarantee social consensus, it helps to manage dissension within the limits of particular values and norms. It is because a legal ideology provides the structure for social thought that individuals and social groups are able to interpret the nature of emerging conflicts and the interests they support. The article demonstrates that the neoliberal way of thinking that prevails in contemporary Europe does not meet the spirit of the constitutionalism of the EU Member States; the article introduces some aspects of Aharon Barak's legal ideology that could be relevant for the formation and development of European demos and constitutionalism. In order to achieve this aim, the research is focused on issues that emerge in the area of three main pillars of constitutionalism: (1) adherence to the rule of law, (2) limited and accountable government, and (3) protection of fundamental human rights.

Abstract
The EU lacks the legal ideology as a social instrument that could satisfy the spirit of liberal democracy and would help to consolidate different societies to a solid European demos. Although the existence of an ideological system alone does not guarantee social consensus, it helps to manage dissension within the limits of particular values and norms. It is because a legal ideology provides the structure for social thought that individuals and social groups are able to interpret the nature of emerging conflicts and the interests they support.
The article demonstrates that the neoliberal way of thinking that prevails in contemporary Europe does not meet the spirit of the constitutionalism of the EU Member States; the article introduces some aspects of Aharon Barak's legal ideology that could be relevant for the formation and development of European demos and constitutionalism. In order to achieve this aim, the research is focused on issues that emerge in the area of three main pillars of constitutionalism: (1) adherence to the rule of law, (2) limited and accountable government, and (3) protection of fundamental human rights.

The EU lacks the legal ideology as a social instrument that could satisfy the spirit of liberal democracy and would help to consolidate different societies to a solid European demos. Although the existence of an ideological system alone does not guarantee social consensus, it helps to manage dissension within the limits of particular values and norms. It is because a legal ideology provides the structure for social thought that individuals and social groups are able to interpret the nature of emerging conflicts and the interests they support. The article demonstrates that the neoliberal way of thinking that prevails in contemporary Europe does not meet the spirit of the constitutionalism of the EU Member States; the article introduces some aspects of Aharon Barak's legal ideology that could be relevant for the formation and development of European demos and constitutionalism. In order to achieve this aim, the research is focused on issues that emerge in the area of three main pillars of constitutionalism: (1) adherence to the rule of law, (2) limited and accountable government, and (3) protection of fundamental human rights.

The EU lacks the legal ideology as a social instrument that could satisfy the spirit of liberal democracy and would help to consolidate different societies to a solid European demos. Although the existence of an ideological system alone does not guarantee social consensus, it helps to manage dissension within the limits of particular values and norms. It is because a legal ideology provides the structure for social thought that individuals and social groups are able to interpret the nature of emerging conflicts and the interests they support. The article demonstrates that the neoliberal way of thinking that prevails in contemporary Europe does not meet the spirit of the constitutionalism of the EU Member States; the article introduces some aspects of Aharon Barak's legal ideology that could be relevant for the formation and development of European demos and constitutionalism. In order to achieve this aim, the research is focused on issues that emerge in the area of three main pillars of constitutionalism: (1) adherence to the rule of law, (2) limited and accountable government, and (3) protection of fundamental human rights.

The latter European crisis reveals the fact that traditional agreements between governments of the Member States and supranational political and legal institutions of the European Union are not sufficient for the maintenance of European Union stability and integrity. Therefore, the political and legal sustainability of the European Union requires a certain metatheory as a methodology, which could essentially contribute to the coherent construction, interpretation and assessment of theoretical and practical issues of the European Union's legal and political reality. This paper aims to explore two main questions: What is constitutionalism as a legal-political metatheory? What challenges are faced by this theory while addressing the specific EU legal-political reality construction problems? The results of the research reveal that constitutionalism as a metatheory is constituted by principles and values, which provide ideological support for the development of the nation, and performs a methodological function in the construction of legal and political reality. However, the EU's political elite still seeks to legitimize constitutionalism as a political action theory, which, accordingly, legitimizes the respective legal policies it pursues. This process dangerously increases the gap between the EU's political elite and the societies of its Member States.

In a contemporary World where national cultures, economies and borders are blurred, political polarizations are disappeared, liberal tendencies get stronger, technology is developed incomprehensibly, and the route of social life is mainly determined by the global processes, the effort of setting up regional integration is still alive. The initial goal of the European Neighbourhood Policy launched in 2004 was helping the European Union to support and foster stability, security and prosperity in the countries closest to its borders. Since then, this document has been revised twice: in 2011 and 2015. Due to the inefficiency of its former versions and increased tensions in the neighbouring countries and the European Union itself, the most recent Review of the European Neighbourhood Policy puts a clear emphasis on the security dimension. This article aims to outline possible scenarios of the European Union and Turkey collaboration in maintenance of security in the European Union's neighbourhood.

In a contemporary World where national cultures, economies and borders are blurred, political polarizations are disappeared, liberal tendencies get stronger, technology is developed incomprehensibly, and the route of social life is mainly determined by the global processes, the effort of setting up regional integration is still alive. The initial goal of the European Neighbourhood Policy launched in 2004 was helping the European Union to support and foster stability, security and prosperity in the countries closest to its borders. Since then, this document has been revised twice: in 2011 and 2015. Due to the inefficiency of its former versions and increased tensions in the neighbouring countries and the European Union itself, the most recent Review of the European Neighbourhood Policy puts a clear emphasis on the security dimension. This article aims to outline possible scenarios of the European Union and Turkey collaboration in maintenance of security in the European Union's neighbourhood.

The objective of the research is to define the development of constitutionalism and socio-cultural challenges related to the formation process of the European Union's legal identity. To achieve this goal, the concept of constitutionalism and its changes during the period of the European Union's development are examined. Tendencies of the European Union Member States' constitutionalism process are analysed and socio-cultural tensions of the formation of the contemporary European Union's legal identity, which arise between security and freedom, order and justice and government and society are identified. The article states that the sustainability of public democratic processes and the functioning of the European Union is possible only if the constitutional values are protected. The reseach also reveals that the further evolution of European constitutionalism and legal identity still needs to enhance the development of the rules which could influence the creation and activities of the independent, self-governing EU's political community.

The objective of the research is to define the development of constitutionalism and socio-cultural challenges related to the formation process of the European Union's legal identity. To achieve this goal, the concept of constitutionalism and its changes during the period of the European Union's development are examined. Tendencies of the European Union Member States' constitutionalism process are analysed and socio-cultural tensions of the formation of the contemporary European Union's legal identity, which arise between security and freedom, order and justice and government and society are identified. The article states that the sustainability of public democratic processes and the functioning of the European Union is possible only if the constitutional values are protected. The reseach also reveals that the further evolution of European constitutionalism and legal identity still needs to enhance the development of the rules which could influence the creation and activities of the independent, self-governing EU's political community.