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Article: Europe’s constitutional unsettlement: testing the political limits of legal integration

TitleEurope’s constitutional unsettlement: testing the political limits of legal integration
Authors
Keywordsconstitutionalism
eastern Europe
European integration
Poland
rule of law
Ukraine
Issue Date1-Mar-2023
PublisherOxford University Press
Citation
International Affairs, 2023, v. 99, n. 2, p. 769-785 How to Cite?
Abstract

Law is central to what the European Union is and how it works, but the mismatch between the legal and political dimensions of European integration is undermining the EU from within and limiting its ability to project its power beyond its borders. This article aims to explicate the clash between Europe as a community of law, on the one hand, and Europe as a political project, on the other, by focusing on two crises. The first is the crisis that has arisen in relation to Poland's backsliding when it comes to democracy and the rule of law. The second crisis is the Russian invasion of Ukraine. The two crises are interlinked. An effective response to Russian aggression requires of the EU the kind of solidarity, confidence and unity of purpose that has been undercut by Poland's rule-of-law crisis and by the inadequacy of European responses to it. Thus, both crises unsettle the EU's constitutional settlement, revealing the political limits of legal integration. We find that, if Europe's leaders are to better align the EU's legal order with its political goals and capacity to act, then they will need to acknowledge, and work within, the constraints the EU faces as a union of nation states.


Persistent Identifierhttp://hdl.handle.net/10722/340872
ISSN
2023 Impact Factor: 3.9
2023 SCImago Journal Rankings: 1.322
ISI Accession Number ID

 

DC FieldValueLanguage
dc.contributor.authorScicluna, Nicole-
dc.contributor.authorAuer, Stefan-
dc.date.accessioned2024-03-11T10:47:56Z-
dc.date.available2024-03-11T10:47:56Z-
dc.date.issued2023-03-01-
dc.identifier.citationInternational Affairs, 2023, v. 99, n. 2, p. 769-785-
dc.identifier.issn0020-5850-
dc.identifier.urihttp://hdl.handle.net/10722/340872-
dc.description.abstract<p>Law is central to what the European Union is and how it works, but the mismatch between the legal and political dimensions of European integration is undermining the EU from within and limiting its ability to project its power beyond its borders. This article aims to explicate the clash between Europe as a community of law, on the one hand, and Europe as a political project, on the other, by focusing on two crises. The first is the crisis that has arisen in relation to Poland's backsliding when it comes to democracy and the rule of law. The second crisis is the Russian invasion of Ukraine. The two crises are interlinked. An effective response to Russian aggression requires of the EU the kind of solidarity, confidence and unity of purpose that has been undercut by Poland's rule-of-law crisis and by the inadequacy of European responses to it. Thus, both crises unsettle the EU's constitutional settlement, revealing the political limits of legal integration. We find that, if Europe's leaders are to better align the EU's legal order with its political goals and capacity to act, then they will need to acknowledge, and work within, the constraints the EU faces as a union of nation states.<br></p>-
dc.languageeng-
dc.publisherOxford University Press-
dc.relation.ispartofInternational Affairs-
dc.subjectconstitutionalism-
dc.subjecteastern Europe-
dc.subjectEuropean integration-
dc.subjectPoland-
dc.subjectrule of law-
dc.subjectUkraine-
dc.titleEurope’s constitutional unsettlement: testing the political limits of legal integration-
dc.typeArticle-
dc.identifier.doi10.1093/ia/iiac321-
dc.identifier.scopuseid_2-s2.0-85165695896-
dc.identifier.volume99-
dc.identifier.issue2-
dc.identifier.spage769-
dc.identifier.epage785-
dc.identifier.eissn1468-2346-
dc.identifier.isiWOS:000923497100001-
dc.identifier.issnl0020-5850-

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