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What is Left of the European Economic Constitution?

Author

Listed:
  • Christian Joerges

Abstract

The essay starts from the assumption that the efforts to cure Europe’s democracy deficits will also have to address the social problématique of the Europeanization process. This is a challenge with new dimensions. Europe had started its integrationist path as a mere economic community. In its formative era, the constitutional perspectives of German Ordo-liberalism were attractive. In the ordo-liberal account, the European polity has a twofold structure: At supranational level, it is committed to economic rationality and a system of undistorted competition. Redistributive (social) policies could – and should – be left to the Member States. This edifice was refined in the 1970s and 80s. Monetary Union and the Stability Pact completed it. The German Constitutional Court’s Maastricht judgment endorsed its constitutional validity. However, the new dynamics and the strive for an ever closer Union in the Maastricht Treaty has led to a strengthening of European regulatory policies and a broadening of their scope, which were incompatible with the ordo-liberal legacy. The erosion of the economic constitution has not paved the way to a cure for Europe’s social deficit. Neither the Open Method of Co-ordination nor the commitment to a social market economy in the Constitutional Treaty nor the new social rights provide a conceptually sufficient and politically credible basis for this end.

Suggested Citation

  • Christian Joerges, 2004. "What is Left of the European Economic Constitution?," EUI-LAW Working Papers 13, European University Institute (EUI), Department of Law.
  • Handle: RePEc:erp:euilaw:p0013
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    Citations

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    Cited by:

    1. Eloi Laurent & Jacques Le Cacheux, 2007. "What (Economic) Constitution does the EU need?," Documents de Travail de l'OFCE 2007-04, Observatoire Francais des Conjonctures Economiques (OFCE).
    2. Eloi Laurent & Jacques Le Cacheux, 2006. "Integrity and Efficiency in the EU: The Case against the European economic constitution," Working Papers hal-00972707, HAL.
    3. Paola Argüello Kalpa & María Alexandra Ortiz Cabrera, 2020. "Colección Enrique Low Murtra. Tomo XIII, Derecho económico," Books, Universidad Externado de Colombia, Facultad de Derecho, number 1274, Diciembre.
    4. repec:spo:wpecon:info:hdl:2441/3681 is not listed on IDEAS
    5. repec:hal:wpspec:info:hdl:2441/3681 is not listed on IDEAS
    6. repec:hal:spmain:info:hdl:2441/3681 is not listed on IDEAS
    7. Jim Davies, 2009. "Entrenchment of New Governance in Consumer Policy Formulation: A Platform for European Consumer Citizenship Practice?," Journal of Consumer Policy, Springer, vol. 32(3), pages 245-267, September.
    8. Stephen Wilks, 2009. "The Impact of the Recession on Competition Policy: Amending the Economic Constitution?," International Journal of the Economics of Business, Taylor & Francis Journals, vol. 16(3), pages 269-288.
    9. repec:hal:spmain:info:hdl:2441/2281 is not listed on IDEAS
    10. Eloi Laurent & Jacques Le Cacheux, 2006. "Country size and strategic aspects of structural reforms in the EU," Sciences Po publications info:hdl:2441/3681, Sciences Po.
    11. repec:spo:wpecon:info:hdl:2441/2281 is not listed on IDEAS
    12. Joerges, Christian, 2005. "Juridification patterns for social regulation and the WTO: A theoretical framework," TranState Working Papers 17, University of Bremen, Collaborative Research Center 597: Transformations of the State.
    13. repec:hal:wpspec:info:hdl:2441/2281 is not listed on IDEAS
    14. repec:spo:wpecon:info:hdl:2441/3531 is not listed on IDEAS
    15. repec:hal:wpspec:info:hdl:2441/3531 is not listed on IDEAS
    16. repec:hal:spmain:info:hdl:2441/3531 is not listed on IDEAS

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