European competition vs. global competitiveness : transferring EU rules on state aid and public procurement beyond Europe

Abstract

Critical accounts of EU politics diagnose various asymmetries resulting from the dynamics of integration: (1) European integration is dominated by judicial and executive politics rather than legislative politics. (2) The constitutionalization of European Treaty freedoms provides an opportunity structure for individuals claiming their rights, but the capacity to pursue public interest concerns at the national level is undermined and it is not fully compensated for at the European level. (3) Finally and closely connected to both previous aspects, EU integration and EU democratization have not developed synchronously and, therefore, the EU suffers from a ‘democratic deficit’. These criticisms have been pointed out in the complaints against the Treaty of Lisbon and were discussed during the proceedings before the German Constitutional Court (GCC). The final judgement addresses all of these issues, but it fails to provide any remedy. In contrast, through its interpretation of the integration process so far and by erecting barriers to further integration, the GCC sustains and even reinforces the asymmetrical status quo of European integration.