Integration through rights in a European Society? A new theory on the role of law for integration within and beyond a fractured EU

Introduction

Among the many crises of the European Union (EU), the fracturing of its promise to integrate the emerging European society peacefully through law represents a fundamental one. At the time of writing, martial conflict and pressure through economic sanctions are once again relied upon to assuage conflict in the EU’s neighbourhood, while the authority of EU law has been challenged by several Constitutional Courts, most recently by the Romanian and the Polish supreme courts in December and September 2021.

Research Question

The question thus is: can the EU still rely on the integrative capacity of its law?

Project Overview

RIGHTS-TO-UNITE addresses this question by placing citizens’ practical usage of substantive EU-derived rights at its centre. It conceptualises rights as claims between citizens as well as between citizens and states and the EU itself.

Definition of European Integration

European integration is defined as a process combining citizens into a coherent, though diverse, society. This approach captures whether and if so, how integration through rights can succeed in a multipolar society constituted by European Union law, both in the EU and its neighbourhood. It also specifies conditions which are supportive and averse to achieving integration of the emerging European society.

Methodology

After theorising conditions for EU-derived rights to integrate the emerging European society in the EU and its neighbourhood, qualitative comparative research is deployed to identify to what extent EU-derived rights are part of Europe’s living law in the EU and beyond.

Innovative Research Techniques

The qualitative research develops an innovative methodology comprising interactive vignettes visualising scenarios in which EU economic, social, and digital rights could be relevant. This enables cross-cultural exploration of citizens’ everyday experience with EU-derived rights.

Conclusion

In a final step, the results are synthesised in a socio-legal theory of integration through rights for the context of the EU and its neighbourhood.