EU constitutionalism in the twenty-first century: politics and law in crisis

Submission note: A thesis submitted in total fulfilment of the requirements for the degree of Doctor of Philosophy to the School of Social Sciences and Communications, Faculty of Humanities and Social Sciences, La Trobe University, Bundoora, Victoria.

This thesis advances a novel legal-constitutional approach to the study of the European Union (EU). It is framed by the twin crises of twenty-first century EU constitutionalism: the failure of the Constitutional Treaty in 2005, and the Eurozone crisis, which began in 2010. The thesis derives much of its theoretical framework from Integration through Law scholarship. However, in contrast to traditional legal integration theories, law is used to investigate the limits of integration, and the potential for partial disintegration. In particular, I will demonstrate how the integration process overburdened law in an attempt to overcome political deficiencies, with serious consequences for the EU’s ‘democratic deficit’. Part of the legacy of the first crisis was a retreat from the Constitution’s lofty ideal of democratisation via politicisation. Now, as a result of the second crisis, the integration project has become well and truly politicised and European policies highly salient for national voters. However, this process has occurred almost against the will of EU leaders, who have sought technocratic solutions to what are inherently political problems. Thus, over the past decade, the EU has moved from an unsuccessful attempt at democratisation via politicisation, to an unintended politicisation without democratisation. This thesis, then, analyses the European integration project as a community of law that is facing the challenge of maintaining the coherence and balance of its constitutional order. It contends that integration via constitutionalisation has peaked and is nearing its limits. If ever-closer union is to be achieved, it will have to be via different means. Given the course of Eurozone crisis management to date, this is more likely to be through reinforced intergovernmental and technocratic modes of governance than comprehensive engagement with, and inclusion of, European citizens. However, such a course poses a serious threat to the maintenance of European unity in the medium-to-long-term.