The Future of EU Constitutionalism (Modern Studies in European Law)

Is there a real and meaningful future for EU constitutionalism? This collection explores this question in light of recent challenges to EU constitutional law; namely, the pandemic and the political schisms emerging across the European Union. The contributors explore the question through the prism of the five main pillars of EU constitutionalism: the constitutional values, the EU formal constitutional framework, its substance consisting of the EU political and economic constitution, and conclude by looking at the foundational concept of sovereignty (national and European) in a global realm. Drawing on expertise from both ‘old’ and ‘new’ Europe, it gives voice to the most fundamental question facing the Union in its second half century. Volume 116 in the Series Modern Studies in European Law Acknowledgement of Funders Contents List of Contributors 1. What Future for EU Constitutionalism? I. Introduction II. The Argument of the Book III. The Constitutional Epilogue for the Future of Europe? 2. The Burden of the European Constitution I. Three Questions II. Constitutional Functions III. The Distinctiveness of the European Union IV. Conclusion 3. Common Values, Europe's Indeterminate Nature and Enduring Sovereignty I. Introduction II. Europe's Common Values III. Uncertainty of Political Form and Sovereignty IV. Enduring Sovereignty - Sovereignty and Political Form V. Conclusion: Do Common Values Hold the Answer? 4. Values, Constitutionalism and the Viability of European Integration I. Introduction II. Historical Value-Based Trajectory of European Integration III. Contemporary Value Fissures in the EU IV. Values and the Future of the EU V. Constitutionalising the Future of the EU VI. Conclusion 5. Constructive Misunderstandings - How the PSPP Conflict was Eventually Settled and How it Reflects Constitutional Pluralism I. Introduction II. How the PSPP Conflict was Eventually Settled III. The PSPP Conflict as a Poorly Articulated Expression of Constitutional Pluralism IV. Conclusion 6. Jeffersonian Federalism and Constitutional Conflicts I. Is the Compact Theory Alive and Kicking? II. The 'Anti-federalists' and Jefferson III. Jefferson, the Compact Theory and the Question of Secession IV. Conclusion 7. The European Union and its Three Constitutional Problems I. Introduction II. Three Constitutional Problems III. Conclusion 8. The EU Economic Constitution after COVID-19 and 'Next Generation EU' I. Introduction II. Early Responses to COVID-19 III. The Recovery Fund NGEU IV. The Implications of the Responses to COVID-19 for EMU V. Conclusion 9. Eppur Esiste!: Legitimacy and Longevity in the EU's Long Decade of Crisis I. Introduction II. The Orthodoxy: Input, Output, Throughput III. La Decandenza IV. Addressing the Elephant in the Room: The Crisis-Ridden EU's Endurance and Expansion V. Williams's Political Realism and EU Legitimacy VI. Political Realism and the European Union VII. W(h)ither the Normative Bite in Political Realism? VIII. Conclusion 10. As Beyond, So Below: European Sovereignty and Economic Globalisation I. Sovereignty under Siege? II. The Texture of European Sovereignty III. European Sovereignty Inside Out IV. The End of Sovereignty 11. European Sovereignty and Extraterritorial Application of Foreign Legislation I. Introduction II. Conceptualising European Sovereignty III. Extraterritorial Legislation and Sanctions IV. Concluding Remarks Index