"Unless the role of law in the process of European integration changes, the post-functionalist tension in the EU will continue to grow."
"Intergovernmentalism is the theory that best explains the current problems of the EU. However, it is also the theory that is least capable of solving those problems."
“As held by the CJEU in De Capitani, democracy requires transparency in law-making, even if it comes to the detriment of the efficiency of law-making.” Discuss.
“The legitimacy of the OLP depends on reaching consensus. How this consensus is reached is less relevant.” Discuss.
“Bringing infringement proceedings against Member States for violations of EU law by their courts and tribunals is both necessary and futile.” Discuss.
“Law-making in the EU would be more democratic, and therefore more legitimate, if the European Parliament gained greater power in the legislative procedures. Discuss.”
“The expansion over time of the European Parliament’s law-making powers has had a minimal impact on the EU’s popularity. This is clear proof that the legitimacy deficit of the EU is not caused by a democratic deficit.” Discuss.
“National parliaments have neither the ability nor the inclination to assess the comparative efficiency of the Commission’s legislative proposals. Their role as guardian of the subsidiarity principle is therefore fundamentally ill-conceived.” Discuss.
“The conditional nature of the principle of mutual recognition in the EU free movement of goods is both its main attraction and its central weakness.” Discuss.
“Cassis de Dijon has outlived its usefulness. Despite having been effective in promoting trade in the past, it is no longer capable of advancing the internal market for goods.” Discuss.
“The ECJ’s case law on cross-border healthcare services may help patients, but it destroys national social security systems.” Discuss.
“Article 34 TFEU does not give – nor should it give – EU citizens an absolute right to economic freedom.” Discuss.
“Worryingly, the free movement of workers is increasingly prioritising individual over collective interests.” Discuss.