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Unwritten rules shaping the EU’s ‘form of government’: A study of constitutional conventions and their implications

Authors: Y. M. Citino;

Unwritten rules shaping the EU’s ‘form of government’: A study of constitutional conventions and their implications

Abstract

The debate on the conventions of the constitution has led to a variety of tools for analysing institutional practices in national governments. Few attempts have been made to identify relevant political rules in the EU's ‘form of government’. This paper argues the applicability of the conventional theory in understanding the EU's most recent constitutional developments by comparing the common law and continental understandings of conventions. It highlights the different features attached to conventions in various national experiences and offers a fresh view of them to take the most out of this notion, long forlorn in EU studies. Using three practical experiences (trilogues, parliamentary hearings for Commissioners-designate and the Spitzenkandidaten practice), the paper shows how unwritten rules can shape the EU's political or material constitution up to the point of bringing concrete informal changes without any formal Treaty amendment.

Country
Italy
Keywords

Conventions of the constitution, EU unwritten rules, informal constitutional change, institutional practice, trilogues, parliamentary hearings, Spitzenkandidaten.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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