The Concept of Law within the EU: Towards a Dual-Purpose Social Contract

Abstract

The aim of this thesis is to examine how the potential codification of natural rights will affect the content of the concept of law within the EU? First I will establish a certain vision of how the concept of law is conditioned upon the abstract choice of societal form that further leads on to the content of the concept being determined by interpretation of the original choice. Secondly I will argue that the EU was established with a certain collectively aimed societal agenda in mind on the basis of a certain societal form that has affected decisively the content of the concept of law. Thirdly I will argue that the essence of rights have a certain conceptual foundation that exists in its core irrelevant of societal choices and in fact are based on norms that compete with collective societal agendas. Lastly I will argue that the potential codification of the Charter of Fundamental Rights will in a decisive way alter the way the content of the concept of law will be interpreted within the EU, because of the altered societal agenda that follows with the rights based conceptual norms accepted by the Charter. The conclusion to the posed subject question is that; the content of the concept of law within the EU will gain the full dual character of the social contract by adding substantive treaty articles that materialize the human dignity norm in the primary legislation of the Union.