Link to the University of Pittsburgh
Link to the University Library SystemContact us link
AEI Banner

Europe’s Crisis‐Law and the Welfare State – A Critique. WP CSDLE “Massimo D’Antona”.INT – 109/2014

Giubboni, Stefano (2014) Europe’s Crisis‐Law and the Welfare State – A Critique. WP CSDLE “Massimo D’Antona”.INT – 109/2014. [Working Paper]

[img] PDF - Published Version
Download (189Kb)


    The great economic crisis – the worst and longest at least since the post-war period, which is still holding a large part of Europe in an unequal grip – has a constitutional dimension that has certainly been overlooked, compared to other more direct and visible repercussions. In recent years the measures put into force by supranational institutions, both outside and within the traditional channels of EU law, to counteract the sovereign debt crisis by deeply modifying the economic governance of the Union, have in fact ended up questioning some of the most established paradigms that have historically forged – and constitutionally legitimised – the process of ‘integration through law’. According to the most credited of these paradigms, European integration should be conceived – particularly in its foundation – as a political project, the implementation of which is essentially left to economic processes mediated by the law. The German ‘Ordoliberal’ theorists grasped the meaning of this project better than others,1 identifying the constitutional anchorage of the newly-born European Economic Community (EEC) with the fundamental economic freedoms and with the system of undistorted competition established by the 1957 Treaty of Rome. Economic and monetary Union (EMU) would have had to refine this project by bringing it to completion; but as is well known the foundation of the whole edifice started to erode soon after its construction.

    Export/Citation:EndNote | BibTeX | Dublin Core | ASCII (Chicago style) | HTML Citation | OpenURL
    Social Networking:
    Item Type: Working Paper
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    EU policies and themes > Policies & related activities > economic and financial affairs > financial crisis 2008-on/reforms/economic governance
    EU policies and themes > Policies & related activities > social policy > welfare state
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > University of Catania > Department of Law, C.S.D.L.E. "Massimo D'Antona" Working Papers .INT
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 24 Oct 2019 17:15
    Number of Pages: 20
    Last Modified: 24 Oct 2019 17:15

    Actions (login required)

    View Item

    Document Downloads