EU lawyers have questioned the signiﬁcance of legislative decision-making within the EU. Martijn van den Brink (Max Planck Institute Göttingen) challenges these views and argues that the EU legislature must enjoy adequate freedom to shape EU law with the general interest in mind.
|Date||1 April 2019|
|Time||15:30 - 17:00|
What are we to make of the authority of legislation within the EU? EU lawyers have questioned the signiﬁcance of legislative decision-making within the EU. This article challenges these views and argues that the EU legislature must enjoy adequate freedom to shape EU law with the general interest in mind. Institutional accounts that seek to curtail the authority of legislation tend to rest upon ‘content-dependent’ conceptions of political legitimacy, according to which the legitimacy of a decision depends on its moral qualities. Such conceptions overlook reasonable disagreements on justice and rest upon an overly optimistic (pessimistic) view of the Court (the legislature). The article argues for a content-independent conception of legitimacy, following which the beneﬁts of legislative decision-making are more easily understood. The authority of legislation deserves wider recognition among EU lawyers for reasons of political legitimacy and because the EU legislature is better positioned to decide in the general interest.
Martijn van den Brink is a Postdoctoral Research Fellow at the Max Planck Institute for the Study of Religious and Ethnic Diversity at the University of Göttingen. He holds degrees in law and political science from the Universities of Oxford and Groningen, with specialisations in European Union law and politics. During these years, he has focused on questions of constitutional law, citizenship, and political legitimacy. At the Max Planck Institute, he is conducting research into the boundaries of citizenship within the EU.
Martijn did his PhD research at the European University Institute, Florence. His PhD research explores the legitimacy of decision-making within the EU, by taking EU citizenship law as a case study. He held visiting positions at the University of Michigan and the University of Zagreb.
This lecture will take place on Monday, 1 April 2019 from 15.30 - 17.00 hrs at the Amsterdam School of Law, building REC A, room A3.01.