Papers by Erik Oddvar Eriksen
Rethinking Democracy and the European Union, 2013
1. Introduction: Reconfiguring European Democracy Erik Oddvar Eriksen and John Erik Fossum 2. Eur... more 1. Introduction: Reconfiguring European Democracy Erik Oddvar Eriksen and John Erik Fossum 2. Europe's Challenge: Reconstituting Europe or Reconfiguring Democracy? Erik Oddvar Eriksen and John Erik Fossum 3. A Democratic Audit Framework Christopher Lord 4. Democracy and Constitution making in the European Union John Erik Fossum and Agustin Jose Menendez 5. The European Union's Multilevel Parliamentary Field John Erik Fossum and Ben Crum 6. Gender, Justice and Democracy in the European Union Yvonne Galligan 7. Civil Society, Public Sphere and Democracy in the European Union Hans Jurg Trenz and Ulrike Liebert 8. From what is the patient suffering? Alternative Diagnoses and Democratic Remedies in the Foreign and Security Dimension Helene Sjursen 9. Democracy Reconstituting Democracy in Europe and Constituting the European Demos? Magdalena Gora, Zdzislaw Mach and Hans-Jorg Trenz 10. Cosmopolitanism in the European Union and Canada Compared John Erik Fossum 11. Conclusion Erik Oddvar Eriksen and John Erik Fossum
Ratio Juris, Jun 1, 2022
This article deals with the problem of the second best in a politically differentiated Europe. Dr... more This article deals with the problem of the second best in a politically differentiated Europe. Drawing on Kant's category of permissive law of public right, it establishes the missing link between ideal and nonideal theory and then an indirect legitimation theorem. This theorem provides tools to contain damages and unlock practices and dynamics that obstruct reforms and lead to counterproductive outcomes. The theorem, which is equipped with a time and knowledge index, awaits the formation of favourable circumstances of integration. It establishes the conditions under which differentiated integration would be nonregressive. The theorem rules out backsliding solutions, which undermine the European integration process. This is an open access article under the terms of the Creative Commons Attribution License, which permits use, distribution and reproduction in any medium, provided the original work is properly cited.
Law and Philosophy Library, 2006
1. Introduction: Europe's Unsettled Political Order Erik Oddvar Eriksen, Christian Joerges an... more 1. Introduction: Europe's Unsettled Political Order Erik Oddvar Eriksen, Christian Joerges and Florian Rodl Part 1: Rule of Law in a Context of Governance 2. Three Forms of Governance and Three Forms of Power Poul F. Kjaer 3. Participatory Governance and European Administrative Law Rainer Nickel 4. Judges and Lawyers beyond Constitutive Power Michelle Everson and Julia Eisner 5. Judicial Governance in the European Union Chrisoph U. Schmid Part 2: The Social Deficit of the Union 6. Can there be a European Social Model? Waltraud Schelkle 7. Approaching the 'Social Union'? Alexander Graser 8. Constitutional Integration of Labour Constitutions Florian Rodl Part 3: Identity and Collective Memories 9. Working through 'Bitter Experiences' towards a Purified European Identity? Christian Joerges 10. A 'Thick' Constitutional Patriotism for the EU? Part 4: Post-national Democracy in Europe 11. Taking Democracy Seriously- Europe after the Failure of its Constitution Hauke Brunkhorst 12. A Done Deal? The EU's Legitimacy Conundrum Revisited Erik Oddvar Eriksen and John Erik Fossum
Tidsskrift for velferdsforskning, 2023
Hvilke krav stiller god forvaltningsskikk til forvaltningen? I kjølvannet av trygdeskandalen har ... more Hvilke krav stiller god forvaltningsskikk til forvaltningen? I kjølvannet av trygdeskandalen har det blitt reist spørs- mål om rettssikkerhetens vilkår i norsk forvaltning. Et gjennomgangstema er at Nav må bli bedre til å begrunne sine vedtak. Bedre begrunnelse innebærer imidlertid økt oppmerksomhet om EUs krav til god forvaltningsskikk. I denne artikkelen viser vi hvorfor dette krever utarbeidelse av en prinsippbasert forvaltningsskikk som går utover lovens bok- stav. Forvaltningen har et krav på seg om å fatte vedtak som er rettferdige, og som kan stå seg i en offentlig debatt. Vi klargjør det normative rammeverket for denne forvaltningsskikken med søkelys på legitimitetshensynene effektivitet, kompetanse, legalitet og rimelighet. Resultatet er en teori om rettssikkerhet gjennom begrunnelse hvor materielle og prosedurale rettssikkerhetskrav ivaretas av en prinsippstyrt offentlig fornuft.
Springer eBooks, Nov 1, 2006
RePEc: Research Papers in Economics, Jun 1, 2011
This article is forthcoming in Constellations. It is pre-printed here by premission of the journa... more This article is forthcoming in Constellations. It is pre-printed here by premission of the journal. The RECON Online Working Paper Series publishes pre-print manuscripts on democracy and the democratisation of the political order Europe. The series is interdisciplinary in character, but is especially aimed at political science, political theory, sociology, and law. It publishes work of theoretical, conceptual as well as of empirical character, and it also encourages submissions of policy-relevant analyses, including specific policy recommendations. The series' focus is on the study of democracy within the multilevel configuration that makes up the European Union.
weight of the competing principles, or the empirical facts which determine the graduation of the ... more weight of the competing principles, or the empirical facts which determine the graduation of the competing principles. The third section explores the extent to which Alexy’s theory of fundamental rights can be fruitfully applied to constitutional orders other than the German one. Julian Rivers aims at a double target; first, testing whether the first two years of case law on the UK Human Rights 1998 can be reconstructed rationally, and if so, whether they tally with Alexy’s theory; second, assessing whether Alexy’s fundamental rights theory is as structural as the German philosopher claims it to be; by means of applying the theory to the British fundamental rights practice, Rivers is able to detect the hidden institutional assumptions implicit in many elements of Alexy’s fundamental rights theory. This is the case of claim that the formal recognition of fundamental rights plays a central role in any theory of fundamental rights. While the Human Rights Act 1998 does not introduce a c...
1 Introduction - asymmetry and the problem of dominance Erik O. Eriksen and John Erik Fossum Part... more 1 Introduction - asymmetry and the problem of dominance Erik O. Eriksen and John Erik Fossum Part One: Forms of association without membership 2 The EU's different neighbourhood models Sieglinde Gstohl 3 The Swiss Way - the Nature of Switzerland's Relationship to the EU Sandra Lavenex and Rene Schwok 4 Switzerland - bilateralism's polarizing consequences in a very particular/ist democracy Joachim Blatter Part Two: Welcomed, inside, but still unwilling - two EEA countries assessed 5 Despoiling Norwegian democracy Erik O. Eriksen 6 The EEA and the case-law of the ECJ: Incorporation without participation? Halvard Haukeland Fredriksen 7 Iceland - A reluctant European? Baldur Thorhallsson 8 Norway's Constitutional Acrobatics under the EEA Agreement Eirik Holmoyvik 9 Representation under hegemony? On Norway's relationship to the EU John Erik Fossum 10 National administrative sovereignty - under pressure Morten Egeberg and Jarle Trondal 11 Reinforcing Executive dominanc...
weight of the competing principles, or the empirical facts which determine the graduation of the ... more weight of the competing principles, or the empirical facts which determine the graduation of the competing principles. The third section explores the extent to which Alexy’s theory of fundamental rights can be fruitfully applied to constitutional orders other than the German one. Julian Rivers aims at a double target; first, testing whether the first two years of case law on the UK Human Rights 1998 can be reconstructed rationally, and if so, whether they tally with Alexy’s theory; second, assessing whether Alexy’s fundamental rights theory is as structural as the German philosopher claims it to be; by means of applying the theory to the British fundamental rights practice, Rivers is able to detect the hidden institutional assumptions implicit in many elements of Alexy’s fundamental rights theory. This is the case of claim that the formal recognition of fundamental rights plays a central role in any theory of fundamental rights. While the Human Rights Act 1998 does not introduce a c...
Britons did not vote over what type of relationship or association the UK should have with the EU... more Britons did not vote over what type of relationship or association the UK should have with the EU post-Brexit. The UK should hold a second referendum over the final deal of the negotiations with the EU. In this blog, Erik O. Eriksen (ARENA Centre for European Studies) draws on Norwegian experiences in arguing that there should be a second referendum on Brexit. After all, he argues, the UK is a parliamentary democracy and referenda are only advisory.
In this paper we suggest a research agenda beyond the legitimation strategies of the CIDEL projec... more In this paper we suggest a research agenda beyond the legitimation strategies of the CIDEL project (i.e. legitimation through outcomes, values and rights). The European Union has developed beyond that of international organisation and derivative democratic construct. But the step from negative determination to positive identification of type of entity requires an analytical scheme that takes the character of the polity configuration properly into account. How to handle Europe’s present democratic conundrum? Europe will suffer democratic losses if it does away with the multilevel constellation that makes up the EU. But the present structure is also deficient; unless it is reformed, the EU will not be able to resolve its democratic problems. The upshot is that we have to consider how best to democratize the multilevel constellation that makes up the EU. Such a solution entails reconstituting democracy (rather than simply abolishing the EU or uploading nation-state democracy to the EU-...
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Papers by Erik Oddvar Eriksen