On “The Law of Integration” and Supranational First Principles in 2024 and Beyond: Epilogue or a New Prologue?
This paper has argued that when writng about “the ever closer union” in 2024, the challenge is to keep anchoring it in the constitutional essentials that make up the postwar consensus and fill the original assumption of commonality with substanti...
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| Format: | Article |
| Language: | English |
| Published: |
Jagiellonian University Press
2025-04-01
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| Series: | Przegląd Konstytucyjny |
| Online Access: |
https://ejournals.eu/czasopismo/przeglad-konstytucyjny/artykul/on-the-law-of-integration-and-supranational-first-principles-in-2024-and-beyond-epilogue-or-a-new-prologue
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| Summary: | This paper has argued that when writng about “the ever closer union” in 2024, the challenge is to keep anchoring it in the constitutional essentials that make up the postwar consensus and fill the original assumption of commonality with substantive content. Therefore the paper reconstructs the gradual emergence of First Principles of the law of integration centered around the authority of the law and the commonality of values which make up the core of the European postwar consensus. Faced with the On “The Law of Integration” and Supranational First Principles in 2024 and Beyond novel threats coming from within the consensus in the form of the politics of resentment and democratic backsliding, the catalogue of such principles must go beyond the sacrosanct direct effect and supremacy and also embrace the rule of law as the catalogue’s conceptual and moral heart. We must be honest and explicit that when we say that the rule of law has become an entrenched, overarching, and enforceable value and First Principle of the law of integration, we expound the very basic premise of the political community that the Union no longer aspires to, but undoubtedly is. In 2024 and beyond the supranational governance and design are in search of both the storyteller and the public interested to listen. Therefore the analysis concludes by setting out the building blocks for the supranational discourse that would go beyond the legal register only. When dealing with the existential threats to the operation and continuing existence of the European consensus rooted in the rule of law and liberal democracy, we must avoid danger of being trapped in the world of legal expertise and arcane legalistic approaches to the crisis. The question “how” the EU constitutional design should be adapted must go hand in hand with revisiting “why” question.
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| ISSN: | 2544-2031 2956-3623 |