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Unfulfilled promises : reconstructing EU constitutionalism in times of crisis and contestation
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1574-0196; 1744-5515
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European constitutional law review, 2025, OnlineFirst
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VAN DE BEETEN, Jacobus Johannes Martinus, Unfulfilled promises : reconstructing EU constitutionalism in times of crisis and contestation, European constitutional law review, 2025, OnlineFirst - https://hdl.handle.net/1814/78262
Abstract
Constitutionalism in the EU has known better days. What was once embraced as a blueprint for the future of Europe by legal and political elites across the continent has increasingly become an object of contestation and critique. In hindsight, the rejection of the constitutional treaty by referenda in France and the Netherlands in 2005 can be seen as the prelude to renewed and intensified challenges to the authority of EU law. On the one hand these challenges come from the member states: national constitutional court are increasingly vocal in opposing EU law orthodoxies; voters demand that their governments ‘take back control’; and illiberal regimes undermine the independence of the judiciary to evade the reach of EU law altogether. On the other hand, EU institutions appear increasingly willing to circumvent the EU’s constitutional framework when political expediency so demands. The use of inter se agreements, the rise of informal governance methods, and the creative reinterpretations of existing treaty provisions in response to the Covid-19 pandemic illustrate the EU’s pragmatic approach to its own constitutional framework – an attitude that even the Court of Justice of the European Union on various occasions has condoned.
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Published online: 31 March 2025
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This article was published Open Access with the support from the EUI Library through the CRUI - CUP Transformative Agreement (2023-2025)