The mutations of the EU Economic Constitution


This subproject is part of a coordinated project dedicated to critical analysis of the process of European economic integration, its shortcomings, challenges and possible ways of optimization. The contribution of this team will focus on the study of the European economic constitution, both as regards the analysis of the economic model it established as regards the study of the various elements that compose it, such as the internal market, competition policy or economic and monetary uniĆ³n, in order to check how they are evolving and what impact this evolution in the distribution of power between the Member States and the EU causes, at a time when there is talk of centripetal forces that would return powers to the Member States where there are realities in the fields marked with clear centrifugal effects.

In order to accomplish that, this group assumes the realization of two fundamental tasks:

One. The analysis of the evolution and current content of the European Economic Constitution.

Two. The study issue of justiciability of economic constitution before the CJEU in the context of interordinamental instability.

Regarding the first objective, we propose to analyze the evolution and the current contents of the European Economic Constitution and its implications for economic constitutions of the Member States, with reference to the schools of thought that have been justifying it (eg ' ordoliberalism ' ) and the economic model traditionally defended (based on a free competition) considering the tensions arising from the complex governance of economic and monetary union, the lack of real tax harmonization and the position of the EU as an international economic actor.

As to the second, this subproject will undertake the analysis of the justiciability of the European Economic Constitution within the Court of Justice of the European Union in the context of interordinamental instability. In addition, the various measures being taken to combat the economic crisis involve mutations in the model, in the methods of decision-making, control, actors, system of EU economic freedoms and sources of law . In this respect, this subprojects aim is to analyze the various measures taken to fight the economic crisis from a constitutional perspective, identifying transnational actors that play a relevant role (WTO, IMF , G-summits) and how this affects the stability between legal orders within the European area. In this context, it will be analyzed the role the CJEU plays and / or has to play as guardian of the autonomy of EU law and to what extent it is then affected the traditional role of the State (or even the EU) in economic matters.