About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

7 J. Int'l & Comp. L. 389 (2020)
The Future Is Urban: The Progressive Renaissance of the City in EU Law

handle is hein.journals/jintcl7 and id is 393 raw text is: 







         THE FUTURE IS URBAN: THE PROGRESSIVE
            RENAISSANCE OF THE CITY IN EU LAW

                              Maartje  De  Visser*

   Abstract:  For much   of the European  integration process, local authorities
   have been  on the legal margins. Yet many  amongst  this group, and cities in
   particular, consider themselves as important players in realising the Union's
   overarching policy objectives. This view is slowly but surely finding traction
   with  the EU's  political institutions. This article suggests that the future
   architecture of the European Union's  (EU's) operating system  will evince a
   rapprochement  between  the socio-economic clout of local authorities, notably
   cities, and their legal-political recognition at Union level. It further suggests that
   there is room for greater conceptual clarity along two lines when interrogating
   the future of the vertical axis of the Union's governance structure. First, the
   local tier should be disaggregated, with cities treated as a distinct subset of
   the category of  subnational authorities that warrant attention in their own
   right. Second, the relationship between the EU and cities should be dissected
   further to develop a more fine-grained map of the possible ways in which both
   levels interact and the norms  and incentives that shape those  interactions.
   To this end, a six-fold taxonomy is developed that covers cities in their guise
   as (i) implementation agents; (ii) value communities; (iii) front-line decision-
   makers; (iv) democracy  enhancers; (v) policy developers; and (vi) advocates
   of urban interests in EU decision-making.  Finally, this article addresses the
   methodological  implications of an urban turn in European legal scholarship.

   Keywords: local authorities;       cities; implementation    agents;  value
   communities;  local democracy; policy-making;  urban  interests


                              I.   Introduction

In a  1991  study that undeniably  belongs  to the scholarly  canon  of European
law, Joseph  Weiler identified the dynamics that, he argued, had brought  about a
radical transformation in the relationship of the then-European Community   to its
Member   States.' His analysis squarely centred on the architectural dimension of



*  Associate Professor, School of Law, Singapore Management University, 55 Armenian Street, Singapore
   179943. mdevisser@smu.edu.sg. She is a member of the editorial board of the European Yearbook of
   Constitutional Law and works on topics in comparative constitutional law with an institutional/procedural
   slant. Her publications have appeared in intemationaljournals such as theAmerican Journal of Comparative
   Law, Global Constitutionalism and the Asian Journal of Law and Society. She has further authored two
   monographs on EU-law related topics and contributed chapters to more than 20 edited volumes.
1  Joseph Weiler, The Transformation of Europe (1991) 100 Yale Law Journal 2403.
                              [(2020) 7:2 JICL 389-407]

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most