Openness, Purposiveness, and the Realignment of the EU and the Democratic and Social Constitutional State
Contrary to predominant European constitutional narratives assuming the alignment between the European Union legal framework and national constitutional orders, this Article points at the current misalignment between the prevailingly purposive European Union institutional order and the prevailingly...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2023-11-01
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| Series: | German Law Journal |
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| Online Access: | https://www.cambridge.org/core/product/identifier/S2071832223000792/type/journal_article |
| _version_ | 1797522327375708160 |
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| author | Marco Dani |
| author_facet | Marco Dani |
| author_sort | Marco Dani |
| collection | DOAJ |
| description | Contrary to predominant European constitutional narratives assuming the alignment between the European Union legal framework and national constitutional orders, this Article points at the current misalignment between the prevailingly purposive European Union institutional order and the prevailingly open character of the Democratic and Social Constitutional State. The evolutionary trajectories leading to the current status quo are examined by distinguishing an age of openness, in which the institutional frameworks of both the European Economic Communities and the Democratic and Social Constitutional State lent themselves to a range of competing legislative renderings, from an age of purposiveness opened by the Treaty of Maastricht, in which a neoliberal policy agenda was gradually entrenched in the Treaties, with the result of undermining the adaptability and inclusiveness of European public law structures. To counter this development, this Article identifies in a drastic deconstitutionalization of the Economic and Monetary Union the key move to favor the realignment of the European Union and the Democratic and Social Constitutional State. |
| first_indexed | 2024-03-10T08:27:51Z |
| format | Article |
| id | doaj.art-f4b69c9292a64aaba6da75a40df7c065 |
| institution | Directory Open Access Journal |
| issn | 2071-8322 |
| language | English |
| last_indexed | 2024-03-10T08:27:51Z |
| publishDate | 2023-11-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | German Law Journal |
| spelling | doaj.art-f4b69c9292a64aaba6da75a40df7c0652023-11-22T09:21:09ZengCambridge University PressGerman Law Journal2071-83222023-11-01241099112610.1017/glj.2023.79Openness, Purposiveness, and the Realignment of the EU and the Democratic and Social Constitutional StateMarco Dani0https://orcid.org/0000-0002-5557-9473University of Trento, Trento, ItalyContrary to predominant European constitutional narratives assuming the alignment between the European Union legal framework and national constitutional orders, this Article points at the current misalignment between the prevailingly purposive European Union institutional order and the prevailingly open character of the Democratic and Social Constitutional State. The evolutionary trajectories leading to the current status quo are examined by distinguishing an age of openness, in which the institutional frameworks of both the European Economic Communities and the Democratic and Social Constitutional State lent themselves to a range of competing legislative renderings, from an age of purposiveness opened by the Treaty of Maastricht, in which a neoliberal policy agenda was gradually entrenched in the Treaties, with the result of undermining the adaptability and inclusiveness of European public law structures. To counter this development, this Article identifies in a drastic deconstitutionalization of the Economic and Monetary Union the key move to favor the realignment of the European Union and the Democratic and Social Constitutional State.https://www.cambridge.org/core/product/identifier/S2071832223000792/type/journal_articleOpennessPurposivenessDemocratic and Social Constitutional StateEUEconomic and Monetary Union |
| spellingShingle | Marco Dani Openness, Purposiveness, and the Realignment of the EU and the Democratic and Social Constitutional State German Law Journal Openness Purposiveness Democratic and Social Constitutional State EU Economic and Monetary Union |
| title | Openness, Purposiveness, and the Realignment of the EU and the Democratic and Social Constitutional State |
| title_full | Openness, Purposiveness, and the Realignment of the EU and the Democratic and Social Constitutional State |
| title_fullStr | Openness, Purposiveness, and the Realignment of the EU and the Democratic and Social Constitutional State |
| title_full_unstemmed | Openness, Purposiveness, and the Realignment of the EU and the Democratic and Social Constitutional State |
| title_short | Openness, Purposiveness, and the Realignment of the EU and the Democratic and Social Constitutional State |
| title_sort | openness purposiveness and the realignment of the eu and the democratic and social constitutional state |
| topic | Openness Purposiveness Democratic and Social Constitutional State EU Economic and Monetary Union |
| url | https://www.cambridge.org/core/product/identifier/S2071832223000792/type/journal_article |
| work_keys_str_mv | AT marcodani opennesspurposivenessandtherealignmentoftheeuandthedemocraticandsocialconstitutionalstate |