Political justice,political obligation and the European Union: Lessons from Habermas

Abstract

What principles of political justice ought to apply to the European Union? This question is particularly relevant considering the deepening integration process that resulted from the crises of the past decade. Habermas’s conception of a transnational democracy allows identification of the methodological components of transnational political justice: to unite in a transnational polity, people belonging to different national communities need a common purpose (finalité), principles governing the distribution of constitutional and legislative power and a common political infrastructure that allows them to form democratic will as free and equal citizens. This article attempts to further expand these points through a public goods approach. European policies generate European public goods. These must be produced and accessed based on a fair cooperation scheme. Identifying these specific fairness conditions allows further clarification on how legislative and constitutional power ought to be distributed within the European polity.