Republican Europe

Anna Kocharov holds a PhD from the European University Institute, Florence.

• Introduction 1. Europe in Crises2. Policy Choices and Constitutional Choices 3. What’s In a Policy? 4. Argument Overview 1. Liberty in the Constitutional Construct of Europe 1. The Constitutional Soul of Europe 2. Legitimacy of the Union and the Paradox of Polity 3. Capturing the Paradox: Voice, Exit and Loyalty 4. The Three Aspects of Liberty 5. Europe’s Love Triangle 6. Europe as a Liberty-Preserving Construct 7. Constitutive Elements of EU Constitutional Order 2. A Union of Polities: Negative Liberty 1. The Nature of Europe’s Union: Non-Interference Between National Polities 2. Non-Interference vs Positive Liberty in EC External Agreements 3. The Boundaries of Europe’s Union: Reciprocity of Commitment 4. Constitutional Dilemma of Internal over External 5. Non-Interference between Member States Prevails over External Positive Liberty 6. The Rights–Admission Dichotomy to Balance Negative and Positive Liberty 7. Integration Through Law or Integration Through Politics? 3. A Political Union: Positive Liberty 1. A New Solution for an Old Problem 2. Emancipation of Politics and the European Political Space 3. Emergence of a European Political Process 4. Constitutional Elements of Post-Lisbon Law 5. Pluralism Under Union Law 4. Conflict in Union Law 1. Conflict as the Object of Union Law 2. Legitimacy of Policy Choices 3. Deciding Who Decides (in) Union Law 4. Demise of the Vertical Balance of Powers 5. From Balance of Powers to Balance of Polities 5. The EU Court and Liberty from Dependence 1. The Triumph of Positive Liberty2. Liberal Review of a Republican Policy 3. Domination of Mutual Trust and the Faux Virtue of Solidarity 4. The Invisible Liberty 6. Conclusion: Union Law as the Pacifier of Conflicts

By providing a thorough and sharp analysis of the roots of the EU constitutional design, this book elucidates Europe’s crises of governance as very few have done in the past. It is a major contribution to our understanding of the increasingly complex EU machinery.