<p>ABSTRACT</p><p>University: Växjö University, school of social science, department of political science</p><p>Level: Bachelor’s thesis in political science</p><p>Title: SHIFTING BALANCE OF POWER? – an analyze of the new EU-treaty’s consequences for the EC-court.</p><p>Academic adviser: Associate professor Stefan Höjelid</p><p>Author: Magnus Nordahl</p><p>This study focuses on the increased role of the European Court of Justice through the establishment of a Constitution for Europe and its impact on the balance of power, both horizontal and vertical.</p><p>To do this, the study takes its aims from the research problem, formulated as follows:</p><p>Does the establishment of a constitution for Europe contribute to an increased role for the European Court of Justice and does it create a more legible horizontal and vertical division of power?</p><p>To reach the relevant analyses and conclusions two precise questions are presented as well as an analytical model. The precise questions are:</p><p>• Which are the relevant contributions for the balance of power from a perspective of juridification in the new EU-treaty?</p><p>• What impacts do those contributions have on the so called ‘European federalism’?</p><p>The theoretical perspective of this study is rooted in the concept of federalism with special emphasizes on constitution and sovereignty as well as a part about the process of juridification. Along with the presented analytical model consisting of a horizontal and vertical division of power, the empirical material is presented with focus on the new EU-treaty about a constitution for Europe and the European Court of Justice. By doing this, analyses are made about the changing power of the ECJ and the new EU-treaty from a perspective of division of power, federalism and juridification. Through the establishment of the EU-treaty about the creation of a constitution the ECJ receive a clearer platform to act upon which contributes to a more legible division of power, both horizontal and vertical. This due to the fact that the new EU-treaty will take place as the highest law within the EU, something that the ECJ have the right to interpret. The whole process is also a broader recognition of the process of juridification where judicial power increases on the cost of politics.</p><p>Keywords: Constitution, Division of power, EU, ECJ, Federalism, Juridification, and Sovereignty.</p>
| Identifer | oai:union.ndltd.org:UPSALLA/oai:DiVA.org:vxu-1116 |
| Date | January 2007 |
| Creators | Nordahl, Magnus |
| Publisher | Växjö University, School of Social Sciences |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, text |
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