Acceso usuarios
Dimitry Kochenov
The study of European law is finally saved from the dark age of narcissistic ideology of sui generis thinking. That �the EU is unique� is probably true, but certainly not from the point of view of legal studies. Notwithstanding the first stages of the study of EU law inspired by federative thinking (especially with the help of American scholars versed in federalism theory), the philosophy of EU law soon entered a state of flux where it long remained. This was because of two important factors: short-sighted dogmatism and unrestricted self-love. Important contributions from brilliant jurists, among them Koen Lenaerts and Jean-Claude Piris, were unable to reverse the trend. As the mantra goes, the �European Union is not a state and not an international organisation sensu stricto� � hence it is absolutely unique, sui generis. Moreover, since �Europe is not a state, it is not a federation�.
The EU suffered a great deal from the activities of innumerable commentators blinded by the dogmatism of Begriffsjurisprudenz and too clearly afraid of the �F-word�, preferring to adore the object of their study in isolation, safely ignoring the most obvious facts. A maxim like � was nicht sein darf, das nicht sein kann� (at 72), tuned to discard European federalism because it �cannot be�, cannot inform the �study� of EU law any longer.
In an overwhelmingly important book Schütze brilliantly exposes the obscurantist anti-realistic vision of the European federation in such a splendidly clear and overwhelmingly convincing way that those who will not open their eyes now are not just wrong out of principle. They are blind. For all �
