By Nicole Scicluna
Several years after the 1st Greek bailout, the mixing undertaking of the eu Union faces an interlocking set of political, financial, criminal and social demanding situations that visit the very center of its lifestyles. Austerity is the order of the day, and electorate in either debtor and creditor states more and more flip to the political activities of the a ways left and correct, anti-politics and highway protests to vent their frustration.
This ebook demonstrates the boundaries of constitutionalism within the ecu. It explores the ‘twin crises’ - the failure of the Constitutional Treaty in 2005 and the more moderen Eurozone concern - to light up either the chances and pitfalls of the mixing undertaking. It argues that eu integration overburdened legislation in an try and conquer deep-seated political deficiencies. It extra contends that the ecu shifted from an unsuccessful test at democratisation through politicisation (the Constitutional Treaty), to an accidental politicisation with no democratisation (the Eurozone hindrance) just a couple of years later. The ebook makes the case that this direction is unsustainable and threatens the objective of eu unity.
This textual content could be of key curiosity to scholars and students within the fields of european reports, european legislation, democracy reviews, constitutional stories and foreign relations.
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Additional resources for European Union Constitutionalism in Crisis
Example text
The Court’s arrogation of the exclusive right of judicial review of the treaties, combined with extensive use of the preliminary reference procedure, have also helped to ensure the uniform interpretation and implementation of treaty norms. Though subject to some degree of ‘judicial amendment’ (as is any constitution over which a supreme court has the power of judicial review), the actual treaty texts are strongly entrenched, at least formally. This is because any changes need to be agreed upon and ratified by all member states, which makes the process of treaty amendment difficult and time-consuming and, hence, rare.
Some of the most heated debates over the Constitution concerned emotionally charged, identity based questions of political, cultural and historical beliefs, values and aspirations with little functional value (Closa 2005: 426–27). 12 Part of the problem with the CT was that it tried to be everything to everyone. It was symbolically potent enough for Ulrike Liebert (2010: 71) to describe it as ‘one of the most ambitious ideas’ in the quest to establish a democratic EU polity. Yet, the Treaty did little to change the complex institutional structures that prevent meaningful engagement and participation by European citizens (Kumm 2008: 127–30).
Only certain economic groups, such as the agricultural sector and transnational business, with strong vested interests in the CAP and common market provisions, actively followed and participated in Community-level policy-making. The judicially inspired constitutionalisation of the EU was very much in line with the Monnet method of ‘integration by stealth’ (Majone 2009a: 12). To summarise, then, informal constitutionalism denotes an incremental legal process with profound political consequences.