<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>The main purpose of this article is to recognise an ongoing phenomenon of disintegration in legal terms. A specific role of the EU institutions is inevitable because of supranational relations’ nature and to-date <italic>momentum</italic> of public international law. Briefly, disintegration supported by the EU institutions may be the expected solution. Therefore, the concept of institutionalised disintegration is the author’s proposal for using the EU acquis to create a new (autonomous) treaty regime of public international law and to define the EU institutions anew. The basis for reconciliation of institutions and disintegration is to constitute the scientific method on so-called legal phenomena that combine dogmas and functions of law in general. Legal phenomena are correlated with <italic>de lege ferenda</italic> proposals that – mainly critically – react to current challenges. Challenges – in turn – are derived from a <italic>de lege lata</italic> analysis of the politico-legal system (especially understanding of the institution, mapping of disintegration and examination of legislative methods).</p>
</abstract>

The main purpose of this article is to recognise an ongoing phenomenon of disintegration in legal terms. A specific role of the EU institutions is inevitable because of supranational relations’ nature and to-date momentum of public international law. Briefly, disintegration supported by the EU institutions may be the expected solution. Therefore, the concept of institutionalised disintegration is the author’s proposal for using the EU acquis to create a new (autonomous) treaty regime of public international law and to define the EU institutions anew. The basis for reconciliation of institutions and disintegration is to constitute the scientific method on so-called legal phenomena that combine dogmas and functions of law in general. Legal phenomena are correlated with de lege ferenda proposals that – mainly critically – react to current challenges. Challenges – in turn – are derived from a de lege lata analysis of the politico-legal system (especially understanding of the institution, mapping of disintegration and examination of legislative methods).

The concept of institutionalised disintegration: towards a recognition of the EU institutions anew

Wroclaw Review of Law, Administration & Economics

This work is licensed under the Creative Commons Attribution 4.0 International License.

The main purpose of this article is to recognise an ongoing phenomenon of disintegration in legal terms. A specific role of the EU institutions is inevitable...

The concept of institutionalised disintegration: towards a recognition of the EU institutions anew

Publié en ligne: 18 juin 2021

Pages: 63 - 88

DOI: https://doi.org/10.2478/wrlae-2021-0009

Mots clés
institutionalised disintegration, European Union law, EU institutions, legal system, legal phenomena

© 2021 Alan Żukowski, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

The concept of institutionalised disintegration: towards a recognition of the EU institutions anew

Publié en ligne: 18 juin 2021

Pages: 63 - 88

DOI: https://doi.org/10.2478/wrlae-2021-0009

Mots clésinstitutionalised disintegration, European Union law, EU institutions, legal system, legal phenomena

© 2021 Alan Żukowski, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Mots clés
institutionalised disintegration, European Union law, EU institutions, legal system, legal phenomena