Constitutional Balance in the EU after the Euro‐Crisis

28 Pages Posted: 3 Sep 2013

See all articles by Mark Dawson

Mark Dawson

Hertie School of Governance

Floris de Witte

London School of Economics - Law Department

Date Written: September 2013

Abstract

This article analyses how the European Union's response to the euro‐crisis has altered the constitutional balance upon which its stability is based. It argues that the stability and legitimacy of any political system requires the structural incorporation of individual and political self‐determination. In the context of the EU, this requirement is met through the idea of constitutional balance, with ‘substantive’, ‘institutional’ and ‘spatial’ dimensions. Analysing reforms to EU law and institutional structure in the wake of the crisis – such as the establishment of the ESM, the growing influence of the European Council and the creation of a stand‐alone Fiscal Compact – it is argued that recent reforms are likely to have a lasting impact on the ability of the EU to mediate conflicting interests in all three areas. By undermining its constitutional balance, the response to the crisis is likely to dampen the long‐term stability and legitimacy of the EU project.

Keywords: euro‐crisis, EU constitutionalism, economic governance, constitutional balance, EU institutions

Suggested Citation

Dawson, Mark and de Witte, Floris, Constitutional Balance in the EU after the Euro‐Crisis (September 2013). The Modern Law Review, Vol. 76, Issue 5, pp. 817-844, 2013. Available at SSRN: https://ssrn.com/abstract=2319643 or http://dx.doi.org/10.1111/1468-2230.12037

Mark Dawson

Hertie School of Governance ( email )

Quartier 110
Friedrichstraße 180
Berlin, 10117
Germany

Floris De Witte

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

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