Legal Pluralism in the European Union

摘要: This chapter finds that MacCormick’s theory of post-sovereignty represents the most sophisticated attempt to date explain “pluralistic” nature Union law, overcoming simple confrontation “European view” and “national European Union, which has characterised legal political scholarship for decades. However, he pluralism is not convincing, either as a general or basis re-construction law. basically so because it fails reconstruct derivative cannot provide an adequate framework deciding conflicts between EC law national constitutional contribution tackle difficult complex problem reconstruction taken, by Borowski, point departure what amounts revised version namely, Borowski’s derived nearly unconditional supremacy Community entails actual breadth scope subject potential exceptions, be determined means weighing balancing normative reasons underpinning claim (in concrete, very weight integration) with weighty countervailing may justify opposite result in handful cases.