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The concept of institutionalised disintegration: towards a recognition of the EU institutions anew Cover

The concept of institutionalised disintegration: towards a recognition of the EU institutions anew

By: Alan Żukowski  
Open Access
|Jun 2021

Abstract

The main purpose of this article is to recognise an ongoing phenomenon of disintegration in legal terms. A specific role of the EU institutions is inevitable because of supranational relations’ nature and to-date momentum of public international law. Briefly, disintegration supported by the EU institutions may be the expected solution. Therefore, the concept of institutionalised disintegration is the author’s proposal for using the EU acquis to create a new (autonomous) treaty regime of public international law and to define the EU institutions anew. The basis for reconciliation of institutions and disintegration is to constitute the scientific method on so-called legal phenomena that combine dogmas and functions of law in general. Legal phenomena are correlated with de lege ferenda proposals that – mainly critically – react to current challenges. Challenges – in turn – are derived from a de lege lata analysis of the politico-legal system (especially understanding of the institution, mapping of disintegration and examination of legislative methods).

Language: English
Page range: 63 - 88
Published on: Jun 18, 2021
Published by: University of Wroclaw, Faculty of Law, Administration and Economics
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year
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© 2021 Alan Żukowski, published by University of Wroclaw, Faculty of Law, Administration and Economics
This work is licensed under the Creative Commons Attribution 4.0 License.