Politicisation and integration through law: whither integration theory?

Abstract

This article aims to analyse the challenges the eurozone crisis created for theoretical explanations of European integration. Starting from a definition of the two central characteristics of the crisis – the increasing politicisation of the domestic level and the strong call for legal regulation of, and court response to, the EU’s economic governance – this article systematically analyses the capacities of mainstream theoretical frameworks to explain the way the EU has dealt with the situation since 2008. Liberal intergovernmentalism, neofunctionalism, and constructivism explain parts of the processes, but do not sufficiently link the domestic level and the EU level to answer the crucial question of why a more politicised and opposed domestic level leads to continued integration through (hard) law. It is in broadening these main theoretical frames and in combining them that tools are found that allow for an understanding of contemporary EU integration through law in politicised times.

Keywords:

• Eurozone crisis
• politicisation
• integration-through-law
• intergovernmentalism
• functionalism
• constructivism

Acknowledgements

I would like to thank Brigid Laffan, Gerda Falkner, the participants of the 2015 workshop at the EUI in Florence and of the 2016 Summit Conference in Brussels, and particularly Fabien Terpan and Mathias Götz for their remarks and constructive criticisms. I am very grateful to the two anonymous reviewers for their precise suggestions and comments.

Notes

1. Regulation (EC) 1467/1997, OJ L174, 7.7.05.

2. Regulation (EU) no. 1173/2011 of the Parliament of the Council of 16 November 2011; Regulation (EU) no. 1174/2011 of the Parliament of the Council of 16 November 2011; Regulation (EU) no. 1175/2011 of the Parliament of the Council of 16 November 2011, amending Regulation (EC) 1466/1997; Regulation (EU) no. 1176/2011 of the Parliament of the Council of 16 November 2011; Regulation (EU) no. 1177/2011 of the Council of 8 November 2011 amending Regulation (EC) no. 1467/97; Council Directive 2011/85/EU of 8 November 2011. These acts have been published in OJ L306, 23 November 2011.

3. Regulation (EU) no. 472/2013 of 21 May 2013, OJ L140, 27 May 2013; Regulation (EU) no. 473/2013 of 21 May 2013, OJ L140, 27 May 2013. Treaty on Stability, Coordination and Governance in the Economic and Monetary Union signed on 2 March 2012, entered into force on 1 January 2013, Doc/12/2, available at http://europa.eu/rapid/press-release_DOC-12-2_en.htm, accessed 10 December 2014.

4. Reports of the Constitutional Law Committee PeVL 22 and 25/2011, and PeVL 13/2012 (Tuori 2012: 41).

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6. BVerfG, 2 BvR 2728/13 of 14 January 2014, Rn. (1–24).

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