position of Roma the litmus test for human rights and respect for diversity during the process of democratisation of postsocialist countries (Stewart, 2002 ).
Today, even when human rights – including the rights of minorities, pluralism and tolerance – are enshrined in Article 2 of the LisbonTreaty as part of the EU's core values and when most of the postsocialist states in Europe have become EU Member States, the position of Roma has become not a litmus test but rather one of the greatest stains on these core
Looming constitutional conflicts between the de-centralist logic of
functional diff erentiation and the bio-political steering of austerity and
LisbonTreaty. In his estimation, in the absence of clear parliamentary leadership from May’s government, the judiciary is being drawn into the
legislative process. See his ‘The supreme court is doing MPs’ dirty work for them
on article 50’, Guardian (8 December 2016), p. 39.
18 Ingeborg Maus anticipates several contemporary manifestations of this ambiguity
in her Rechtstheorie und politische Theorie im Industriekapitalismus (Munich: Fink,
1986), chapter 10.
19 The communicative superiority in question assumes the separation of state and
society as well as the
constitutive principles: (1) a common
citizenship with direct elections and representation at union level; (2) the
dominance of member states in constitutional law, entrenched through a
unanimity requirement for EU treaty change; (3) partial opt-out opportunities
from union policies and full exit options for member states, spelled out in the
LisbonTreaty (TEU, Article 50); and (4) deeper political integration as a
goal, expressed in the ever