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Constitutionalizing the EU in an Age of Emergencies

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  • Jonathan White

Abstract

Over the last decade especially, European authorities have successively invoked exceptional measures in the name of exceptional circumstances. This improvised mode of emergency response raises problems for EU legitimacy. After a brief analysis of the core patterns, the article examines the scope for reform. It considers the case for pre‐emptively strengthening the EU's emergency powers in the form of an ‘emergency constitution’. It goes on to argue for more radical EU constitutional change, focused not on regulating the exceptional moment but simplifying and democratizing executive power, such that when hard times arrive it is better tied to a critical public. A concluding section discusses what can be achieved by retrospective contestation, as an interim solution in advance of constitutional change.

Suggested Citation

  • Jonathan White, 2023. "Constitutionalizing the EU in an Age of Emergencies," Journal of Common Market Studies, Wiley Blackwell, vol. 61(3), pages 781-796, May.
    • Handle: RePEc:bla:jcmkts:v:61:y:2023:i:3:p:781-796
    DOI: 10.1111/jcms.13415
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    References listed on IDEAS

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    1. Invernizzi-Accetti, Carlo & Wolkenstein, Fabio, 2017. "The Crisis of Party Democracy, Cognitive Mobilization, and the Case for Making Parties More Deliberative," American Political Science Review, Cambridge University Press, vol. 111(1), pages 97-109, February.
    2. Tobias Tesche, 2022. "Pandemic Politics: The European Union in Times of the Coronavirus Emergency," Journal of Common Market Studies, Wiley Blackwell, vol. 60(2), pages 480-496, March.
    3. Hjalte Lokdam, 2020. "‘We Serve the People of Europe’: Reimagining the ECB's Political Master in the Wake of its Emergency Politics," Journal of Common Market Studies, Wiley Blackwell, vol. 58(4), pages 978-998, July.
    4. Lokdam, Hjalte, 2020. "We serve the people of Europe: reimagining the ECB's political master in the wake of its emergency politics," LSE Research Online Documents on Economics 111873, London School of Economics and Political Science, LSE Library.
    5. Rauh, Christian, 2022. "Supranational emergency politics? What executives’ public crisis communication may tell us," EconStor Open Access Articles and Book Chapters, ZBW - Leibniz Information Centre for Economics, vol. 29(6), pages 966-978.
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