EU constitutionalism as a method of integration development: the case of the pandemic Cover Image

Unijny konstytucjonalizm jako metoda rozwoju integracji: przypadek pandemii
EU constitutionalism as a method of integration development: the case of the pandemic

Author(s): Tomasz Grzegorz Grosse
Subject(s): Constitutional Law, History of European Union, EU-Legislation
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: European Union; Poland; EU constitutionalism; crisis; emergency rule; pandemic; COVID-19; democratic deficit; centralisation;

Summary/Abstract: The aim of this article is to present the analysis of the EU constitutionalism development in the first decades of the 21st century, i.e. after the failure of the Treaty establishing a Constitution for Europe. During the period of permanent crises in the European Union, this was the main method of developing European integration. The EU constitutionalism departed from the traditional formula of adopting treaties by unanimous consent of the Member States. Instead, it was based on the creative making of new constitutional principles in Europe. The research goal is to examine both this unconventional method and the new constitutional principles, as well as systemic directions in the Union. The author put forward the hypothesis that this constitutionalism transformed the Union into a juristocracy, thereby increasing the democratic deficit in Europe. The basis of the study is the scientific concept of competence creep and the postfunctional theory in European studies. The study is focused on the analysis of the actions of EU institutions during the pandemic COVID-19 and the response to these actions in selected Member States, primarily in Poland.

  • Issue Year: 2025
  • Issue No: 3
  • Page Range: 93-110
  • Page Count: 18
  • Language: Polish
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