Braving the Waves? Europe's Constitutional Settlement at Twenty

Abstract

This article reflects on the diagnosis proposed in 1998 by Moravcsik and Nicolaidis that the EU had reached an incipient constitutional settlement and makes two connected arguments. First, analytically, that contrary to the prevailing view, the EU's constitutional settlement is holding, although it has come under assault from federalists and sovereignists alike. The bicycle theory nevertheless continues to hold sway perhaps because paradigm shifts always exhibit significant lags. Second, normatively, to defend ‘the equilibrium’ does not amount to a defense of the status quo. On the contrary, and especially in the context of the eurozone crisis, we must reflect on the social foundations of the European project, of which intermittent democratic discontent is only one expression. The argument unfolds through four European cities, each regarding a different moment in the Constitutional saga of the last two decades, to conclude on the relationship between LI and demoicratic theory, as well as the promise of sustainable integration.

Introduction

“…This is conceived as "a union of peoples governing together but not as one" (Nicolaïdis 2013) and rests on a Kantian understanding of the European Union as a potential federal union rather than a federal state (Nicolaïdis 2012). In particular, any possible proposals aimed at nurturing the Europeanization of national public spheres would have to follow the five conceptual pathways proper of liberal intergovernmentalist demoicratic theory presented by Nicolaïdis (2018).…”

“…Third, the question of cratos must be addressed: how can institutional frameworks deal with power asymmetries that might lead to both vertical and horizontal patterns of domination? Here the challenge is certainly both vertical and horizontal (Nicolaïdis 2018) but, also, internal to each and every European demos. Whenever possible, European institutions should be prevented from subjugating national sovereignties while larger member states should be put in no position to dominate smaller member states.…”

“…These five conceptual pathways would have to guide any normative proposals aimed at nurturing the Europeanization of national public spheres because, in Nicolaïdis' words, "a normative theory of sustainable integration would connect the evolving nature of the constitutional settlement with its social foundations, incorporating some of the original intuitions of the neo-functionalists on informal integration but freed from their teleological overtone" (Nicolaïdis 2018). Ultimately, this book advocates that any tangible and actionable reform proposals must always nurture the demoicratic ideal (Nicolaïdis 2017) whereby horizontally intertwined polities pursue vertical transfers of sovereignty only in as so far as these are necessary to promote and sustain European demoicracy and policy-making.…”

Changing the Political Framework

“…Time to drop the hypocrisy and, instead, manage it as best as possible. 10 Here understood as defined by Nicolaïdis (2018) as the "governing together" that must avoid the pitfalls of domination (both vertical ones between EU institutions and member states and horizontal ones between member states).…”

Safeguarding, shifting, splitting or sharing? Conflicting conceptions of popular sovereignty in the EU-polity

“…The conception posits that national peoples remain the only peoples in the EU's transnational polity. National processes of legitimate aggregation of preferences legitimate European peoples or demoi (Nicolaïdis 2018(Nicolaïdis , 1627. Moreover, Europe's peoples have distinct historical trajectories shaping their contemporary democratic practices and values (Nicolaïdis and Pélabay 2009).…”