the normative boundaries of differentiated European space: impact integration process on space

The concept of a normative boundary aims to facilitate the analysis of the European Union as a coherent constitutional system, both internally and externally. Externally, this system influences third-party legal orders in different ways. An analysis of the cases of Norway, Switzerland, Liechtenstein, and even Brexit, highlights the importance of the political appropriation of the legal reality of integration. An institutional analysis of these relations suggests that the defining feature of the European space is no longer normative divergence but legislative competence. Internally, a three-dimensional analysis of the constitutional system allows for the coexistence of the legal orders of the Member States and the Union within a single constitutional system shaped in accordance with their respective constitutional identities. Normative relations are formalised through a material dialectic, independent of the internal hierarchy. This analysis calls for a refinement of the concept of primacy. The ultimate aim is to stimulate reflection on the readjustment of the constitutional analysis of relations between legal orders, taking full account of the existence of the European Union.

Pagina's: 160, Paperback, Our Knowledge Publishing