Ostensibly, we owe it to Eric Stein and to Joseph Weiler that we have come to perceive the path taken by the EU as a “process” of “constitutionalization”. This interpretation has risen to the level of a dogma of EU law studies. It is based on the idea that a constitution is higher law. But this is questionable. Many things are higher law, and what is higher law vis-á-vis other law is always relative. Owing to the dogma we Europeans turned Marshall’s core idea (law that is constitutional law ought to be higher law) upside down. It is not the case that anything that is higher law is therewith already constitutional law. This is a mistaken belief that is now common sense in Europe. Indeed, it may well be a scandal that to treat that which is not a constitution as higher law in Europe. EU law has come to be what it is in without originating from what Bruce Ackerman would call “higher-law-making processes”. Instead, is the product of judicial fiat and cunning member state acquiescence.
Our 2020 Annual Conference was scheduled to be held at the University of Wrocław in Poland on July 9-11, 2020.
Due to the COVID-19 pandemic, the ICON·S Executive Committee has decided to postpone our 2020 Conference to 2021. Our next Annual Conference will take place from July 8-10, 2021, in Wrocław, Poland.
Procedural details regarding the organization of the 2021 Conference will follow in the months ahead.Join ICON•S