Index

For the benefit of digital users, indexed terms that span two pages (e.g., 52–53) may, on occasion, appear on only one of those pages.

administrative calculemus, imaginary of35–37

‘agencification’ of EU administration111–13, 355
delegation of competences111
democracy, and112
EU governance dependent on delegating regulatory power to agents200–1
political salience of mandates111
reasons for proliferation112
risk of ‘capture’113

authoritarian liberalism280–81
authoritarian populism, and290
Carl Schmitt and roots of authoritarian liberalism282–83
European constitutional dynamic, and285
European integration, and286–87
maintained through coercion and consent281
meaning280–81
popular sovereignty, and280–81
rooted in fear of democratic freedom281
soft authoritarian liberalism285
UK, and292–93
undemocratic nature of258
utopian dimension281

authoritarian populism280
ascendance of289–91
authoritarian liberalism, and290
conditions for emergence of290
reactionary nationalism as290
UK’s neoliberal project as292–93

Bretton Woods66–67

Brexit1, 30–31, 121, 235, 250, 258, 338, 378
Brexiteers353
exit as a privilege344–45
exposing fallacy that level/site of decision-making aids social empowerment354
gains of Brexit unclear353
Lexit353
political response to292–93
popular sovereignty, and293
reasons for voting to leave353–54
Brexit synonymous with social empowerment353–54
democratic change, as354
‘taking back control’314, 353
representing deeper discontent between political class and citizen292, 353–54
subsidiarity, and354
‘Three meanings of Brexit’231–34

bureaucracy
agencies See ‘agencification’ of EU administration
bureaucratic legitimacy
impartiality-based legitimacy113
integration, and97–98
‘substantive vision of the general interest’, flowing from99
counterweight to shortcomings of electoral democracy95
force to achieve social generality and realize the general interest, as95
impartiality, and111–12, 113–14
Improving transparency and openness of106–7
loss of confidence in14, 102–3
managerial bureaucratic drift238
more flexible and decentralized113
risk of ‘capture’113
risk of ossification111–12
succumbing to own contradictions and limitations as source of legitimacy95–96

citizenship146
cosmopolitan citizenship138–39
democracy, and251, 263–64
digital citizenship256–57
European See European citizenship

Cold War30, 99, 193, 194, 318, 323

common market39, 123, 166–67
ability to generate commonwealth and political interests beyond national economies37–38
European integration, and37, 372
procedural values of economic constitution assisting38
public good, as222, 223
Scottish nationalism, and174
spontaneous social order of38

communitarian utopia with liberal-legalist ideology131–35
communitarian utopia See communitarian utopia
Transformation, and See Transformation of Europe

Community lawEuropean law

constitutional imaginaries See European constitutional imaginaries

constitutional imagination24–25, 45
Locke’s distinction between society and government, linked to24–25
nature and definition of24, 161–62
semantic reflections of structural tensions in modern constitutions, as26
shift to self-descriptive constitutional imaginaries operating in positive law26
sociology of constitutional imaginaries as societal power formation27–29
transformative constitutional imagination to social imaginaries25–26

constitutional patriotism15–16, 105, 177
constitutional patriotism and solidarity beyond nation-state260–64
constitutional law realizing rights anew in changing circumstances261
definition/meaning of constitutional patriotism260–61, 264
development of constitutional patriotism260
political culture, constitutional patriotism and261–63
solidarity as product of constitutional patriotism260
tension between universal norms and constitutional practice261
limits of procedural thought266–69
‘all affected interests’ principle266–67
asylum, changing character of solidarity and268–69
dynamic structure of agreement in legal procedures266
underlying pursuit of sovereignty, retention of267
narrative agency and a post-national constitutional imaginary275–76
post-nationality and law258–60
problem of legal reason’s empty time269–71
constitution as an ongoing project269–70
dynamic effects of constitutional imaginaries, failure to acknowledge270–71
neglect of the degree of change and loss270
temporality of life-world, effects of disregarding270–71
reclaiming temporality in legal imagination271–75
anamnestic solidarity273–74
disclosure of identity’s temporality, emancipatory uses of272
hermeneutic work of narrative, importance of271–72
salience of constitutional imaginaries264–65
concept of constitutional imaginaries264–65
constitutional fixity264–65, 267, 269–70
stabilizing ‘core’ of communal self-understanding264

constitutional pluralism160–79
basic ideas for, formulation of172, 174
conditions of change: crisis and hybridization168–74
early 1990s as a ‘critical juncture’169–74
formulation of basic ideas of constitutional pluralism172–74
constellation of ideas, as181
emergence of168
conditions for162–63
European constitutional debates, and32
exercise in theory, as182–94
changing conception of the nexus of law and politics189–90
elaborating constitutional pluralism into philosophically articulate constitutional theory182–83
equilibrium system185–86
executive federalism, rise of191
heterarchical organization, EU as160–61, 343
imaginary, the185–88
late sovereignty, development of idea of184, 192–93
notion of the political unconscious190–91
polyvalence183, 184, 187–88, 194–95
status of the practice underlying theory184
theoretical pedigree of constitutional pluralism, establishing183–84
unconscious and history, the188–94
imaginary of European constitutional pluralism32–34
constitutional pluralism as societal plurality of self-constitutive normative orders32–33
gubernaculum and iurisdictio33–34
legal pluralism32
redefinition of European constitutional imaginary178–79
legitimate constitutional theory of the EU, as161
Maastricht Treaty, and160–61
main theses of175, 176–77
nature of160–61
origins of172–74
rise of160–61
original constitutional imaginary changing160–61
societal plurality of self-constitutive normative orders, as32–33
transforming the European constitutional imaginary175–78
challenging utopian element of European constitutional imaginary178
constitutionalism reformalized: from pyramid to network175–78
from federation to commonwealth176–78

Constitutional Treaty1, 8
crisis, as30–31
European constitutionalism in decline after120
last utopia, as358

constitutionalism53–54
basic paradox of27
constitutional pluralism See constitutional pluralism
constitutions See constitutions
cosmopolitan constitutionalism285
democracy See democracy
democratic and social constitutionalism53
Community law as complement to62–64
European See European constitutionalism
evolutionary constitutionalism83–86, 90
ideology, as236
judicial remedies as measure of constitutionalization134
liberal constitutionalism53–54, 68
ensuring fundamental degree of equality within society53–54
regression towards71–72
national constitutionalism in image of European law, redefining71–73
negative and positive25
normative constitutionalism53
political constitutionalism32
post-communist constitutionalism87–89, 90
power limitation, as40
principal method of organization of our social life, as339
social transformation, role in339–42
societal constitutionalism See societal constitutionalism
sociologically informed approaches to constitutions27
sociology of28–29
supranational constitutionalism68, 70
variety of53–54

constitutionality47
claims to constitutionality in pragmatic legal discourses52–53
claims to constitutionality of European lawEuropean law
conflict between different claims to constitutionality51, 52–53
EU lacking political and social legitimacy47
European law, andEuropean law
implicit or explicit claims to53
professional ideology, as See professional ideology
structural constitutionality49
strong51, 52–53, 54–55
weak51, 54–55

constitutionalization
economic constitutionalizationeconomic constitution
inseparability of constitutionalization and democratization41
judicial remedies as measure of134
market freedoms, ofC14P25

constitutions94–103
claims to constitutionality in pragmatic legal discourses52–53
implicit or explicit claims53
claims to constitutionality of European lawEuropean law
constitutionalisms, variety of53–54
democratic and social constitutionalism53
ensuring fundamental degree of equality within society53–54
liberal constitutionalism53–54
constitutions and legal normativity as stabilizers27
EU, and
EU Treaties both over and under-inclusive50
functional constitution, EU having50
weak structural constitution, EU having50–51
whether EU has formal constitution50
whether EU has normative constitution50–51
whether EU has strong structural constitution50–51
five conceptions of the constitution48–52
decisive conceptions, strong structural and normative conceptions as51
different claims to constitutionality may enter into conflict51
formal conception48
functional conception48
material conception49–50
normative conception49
strong structural constitution49
structural constitution48–49
weak structural constitution49

Court of Justice of the European Union (CJEU)
challenging supremacy of344–45, 350
Community competences127
constitutional court, as69, 166–67, 268
constitutional pluralism, and161, 166
constitutionalism, and49, 338–39
constitutionalization judicially driven133
ECB, and52–53, 112–13
economic freedoms69
essential features of Community law, defining166
EU legal system, development of340–41
German Federal Constitutional Court, and52–53, 344–45
imposing distinctive nature of Community law166–67 See also European law
integration/integration through law, and108, 205, 211, 259, 301–2, 372
legal legitimacy and normative autonomy200–1
primacy of EU lawEuropean law
principle of non-distorted competition69
process-based review115
protection of individual rights205–6, 340–41, 342, 372
providing legitimacy for political regime108
rule of law, and120
state sovereignty, essential to gain control over323
teleological method of interpretation166
transformation of substantive content of European law70

Covid-19 pandemic30–31, 296
civic activism resulting from256–57
Covid-19 Recovery and Resilience Facility76
economic impacts of374
existential consequences of1
Hungary’s declaration of state of exception without time limit75
ideology and governmental capacity, and315–17
Next Generation EU (NGEU) pandemic recovery instrument209–11
response to315–16
inadequacy of ECB interventions315–16
incomplete nature of European-level governmental capacity315
increasing irrelevance of neoliberal theory of federalism316
more centralized public authority at European level16
‘Recovery Plan for Europe’374

critical theory3–4, 27–28, 237, 288
stubborn attachment of critical theory to EU291–93
turning towards rational consensus and cosmopolitan constitutionalism285

democracy
agencies, and112
bundle of decision rules, as242–43
citizenship, and251, 263–64
constrained democracy281
decentring democracy103–14
democracy as threat in new German ideologyGermany
democratic imaginary28, 105
democratic legitimacy
ballot box and the bureaucracy as dual foundations of92, 94–103, 114
democratic legitimacy of European Communities, derivative nature of59
detrimental effects on38–39
European integration, and176–78
European Parliament, and239
powers of institutions providing community with128 See also legitimacy from 1950s to today, ideologies and imaginaries of
democratic theory based on overarching idea of a single demos239–40
democratic mobilization13–14
emergence as response to growing populism at member state level40
imaginary of mobilized European democratic communitas39–41
demoicracy See demoicracy
EU’s democratic deficit40, 41, 104–5, 106, 126–27, 169, 373–74
meanings of345
EU democratized politics as communication network41
Euro-democracy conundrum239–40
EU’s plurality of power structures42
human rights scrutiny as a ‘surrogate’ for134
increasingly globalized localities constituting building blocks of256–57
inseparability of constitutionalization and democratization41
legitimacy See legitimacy from 1950s to today, ideologies and imaginaries of
liberal democracy281
militant democracy, EU as See European Union as militant democracy
participatory democracy105, 109, 112, 116
people, meaning of See peoples imagined
political notion of242–43
popular authorship of laws or self-government, democracy as239
popular sovereignty See popular sovereignty
populism See populism
power of everybody, as110–11
procedural framework for decision-making, as83–84
reflexive democracy/reflexivity107–9
repressed by those defending vested interests284
social democracy292, 303–4
based on belief in primacy of politics over law84
internationalist wing of352
state, and177
unconstrained democracy, dangers of284
unpolitical democracy114–16
whether collapsing102–3

demoicracy
concept of41
contrasting unity with union instead of community, demoicratic preference for248–51
correspondence between transfers of competences upwards and plural anchoring
demoicratic theory as241
demoi not existing as self-sufficient isolated entities243
demoicratic European polity See peoples imagined
demoicratic third way243–44, 246–48
each demos having sovereign prerogative to joint governmental action243
empowering meaningful horizontal connection across borders, demoicracy as254
EU as demoicracy in the making240–41
European demoicracy as ‘transformative in nature243
federalism, and245, 248
fusing demoi into larger sovereign units at ever higher levels of integration243
individual embeddedness in national or local communities as separate demoi245
nature of the constituting demoi242
no-demos thesis244
normative aspiration, as240–41
people, meaning of See peoples imagined
plurality of democratic types242
resisting technopopulism through238–41
European demoicracy, meaning of240–41
ideal of demoicracy starting from meaning of peoples241
new of school of democratic thought, demoicratic theory as240
strong version of demoicratic theory244
Union-as-demoicracy as open-ended process of transformation243–44
utopia
demoicratic third ay as Eutopia243–44
multiple demoi exercising popular sovereignty, as243
variants of democratic theory242
weak version of demoicratic theory244–45 See also democracy

ECB69
absence of democratic controls over299
accountability, and112–13
authority297
ban on monetary financing of member states300–1
banking supervision111
CJEU, and52–53, 112–13
Covid-19, and315–16
fiscal responsibility remaining with member states299–301
independence298–300
absence of democratic controls over the ECB, justification for299
legal legitimacy and normative autonomy200–1
powers expanded during crises72–73, 312
price stability mandate111, 287, 299–300, 312

Economic and Monetary Union (EMU)69, 106, 113, 211–12
asymmetric nature of68, 73
central banks, role of69
Covid-19, impact of16
crisis of governability, and304–6
ECB See ECB
elite-driven297
eurozone See eurozone
eurozone crisis, and See eurozone crisis
fiscal responsibility remaining with member states299–300
introduction of69
neoliberal theory of interstate federalism, and294–96, 301–4
public law framework298–301
convergence criteria300
ECB’s independence in conducting monetary policy298–99
fiscal responsibility remaining with member states299–301
member states retaining autonomy in economic decision-making300

`reforms309–12
sovereignty, and311–12, 313–15
unified expression of political will, as297

economic constitution
common market See common market
economic constitutionalization
evolution and constitution of European society, as part of37
political constitutionalization, and37–65
post-Maastricht economic constitutionalization38–39
EU’s ‘macroeconomic constitution’39
free movement law, and38
imaginary of prosperous imperium, and37–39
importance of European economic and administrative regulation37

elections
de-sacralization’ of elections95, 101, 102
direct elections to European Parliament
campaign for101
elections as forge for demos-hood101
integration, as motor for101–2
electoral democracy95
bureaucracy as counterweight to95
integration, and96–97
source of political legitimacy, as96–97
electoral legitimacy100–2
free elections101
loss of faith in14
mandates102
means of expressing social division, as95

‘empty chair’ crisis54–55, 62, 101, 164–65

European administrative calculemus, imaginary of35–37

European Central Bank See ECB

European citizenship
citizens as agents of civic change341–42
emergence of political core of new supranational citizenship65
European personal status, relabelling of68, 224–25
high-order, polity-referential mixed public good, as224–25, 226
individual empowerment in a transnational polity342
Maastricht Treaty, and38, 68
mobility, focus on68
national citizenship, and224–25

European common good/interest99–100

European constitutional imaginaries2–8, 21–43, 45, 377
approach to162
background power, defining imaginaries as22, 27–28, 40
central concepts/contested truths2–3, 122
concept of constitutional imaginaries264–65
identifying ideal-typical modes of legal thinking265
constitutional ideology and cultural dimension of institutional change203–7
constitutional pluralism transforming See constitutional pluralism
co-production: between political utopia and professional ideology163
definition of constitutional imagination161–62
duality of constitutional imaginaries28
history of European social imaginaries and their destabilization29–32
history, role of8–11
ideologies, constitutional imaginaries as3, 377
imaginaries as societal power themselves22
imaginaries of progress See imaginaries of progress as constitutional imaginaries
imaginary as part of society’s collective experience121–22
imaginary of European administrative calculemus35–37
imaginary of European constitutional pluralismconstitutional pluralism
imaginary of mobilized European democratic communitas39–41
imaginary of prosperous imperium37–39
inseparability of constitutional powers from other societal forces and knowledge27–28
liberal imaginaries22
meaning/nature of constitutional imaginaries2, 21, 121–22, 162
meaning of constitutional imagination161–62
modes of collective understanding of social existence, imaginaries as21
political utopia and professional ideology163–68
European constitutionalism as political utopia163–65
power formation, constitutional imaginaries as28
publications on5–8
salience of constitutional imaginaries264–65
social imaginaries22
society as unity defined by legal rights and guaranteed by political force, imaginary of21–22
sociology of constitutional imaginaries as societal power formation27–29
theoretical imaginations22–25
constitutional imagination24–25
legal imagination23–24, 25
sociological imagination21, 22–23
transformative constitutional imagination to social imaginaries of constitution25–26
transnational European politics and law, imaginaries legitimizing22
utopias, and5, 121–22, 130, 162, 265
European constitutional imaginary as political utopia167–68
liberal European constitutional imaginary as utopia377

European constitutional pluralism See constitutional pluralism

European constitutionalism
aims of340
Constitutional Treaty, European constitutionalism in decline after120
constitutional imaginaries See constitutional imaginaries
constitutionalism’s disengagement from social structures of power342–46
constitutionalist/pluralist analysis343–44, 345–46
exclusion and reduced agency of peripheral actors, addressing345
power element missing in description of society343, 344
powerlessness in the system, need to address342–43
socially relevant and political decision-making materializing throughout society346
unequal nature of society343–45
powerlessness missing in discourse343
constitutionalist/pluralist exclusion by narrative and interpretation346–50
focus on narrative, need for347–48
increasing empowerment of individuals in EU legal system346
large power differentials in daily decision-making346–47
peripheral actors, powerlessness of348–50
‘universal’ narrative of EU coinciding with ‘particular’ of centre349
weaker parties and vulnerability, notion of348
constitutions See constitutions
deceptive ideology, as3
democracy See democracy
democratic and social constitutionalism54, 58, 59, 68, 70
community law as complement to62–64
discursive and dialogic notion, as340
inability to offer a utopia4
key principles and processes of340
loss of utopian character1–2
normative vacuity of discussion on change of site of decision-making350–56
Brexit353–54
central transformative axis of EU legitimizing status quo356
federalists and sovereignists351–53, 354–55
levels of competence and decision-making350–51
normative vacuity ensuring voices of different interests and democracy355
open-endedness of constitutionalism supporting status quo355
reducing range of social options in society355
oppressive ideology, as378
political utopia, as163–65
racial capitalism in See racial capitalism in European constitutionalism
return to legalistic concept of the constitution1–2
role of constitutionalism in social transformation339–42
citizens as agents of civic change341–42
constitutional logic transforming EU constantly341
constitutionalism as mode of EU management and social transformation340
principal method of organization of social life339
special role of constitutionalism339–40
Treaty establishing a Constitution for Europe See Constitutional Treaty
utopia, and2, 5, 13, 25, 378

European Court of Justice See Court of Justice of the European Union (CJEU

European economic constitution11–13

European integration1–2
administrative character of200–1
atavistic nationalism as default to292
authoritarian liberalism, and286–87
bureaucratic type of legitimacy, as97–98
CJEU, and108, 166, 205, 211, 259, 301–2, 372
common good of market-led integration as indisputable message222–23
difficulties in constitutive and causal approaches to generation of good from goods224
economic convergence and lasting peace223
new mixed public goods with significant social dimension224–25
prosperity as social good223
pursuit of material public goods driving political engagement and expanding jurisdiction223
rejection of authoritarian systems of government225
resilient national and other loyalties re-emerging as constraining dissensus224
common market, and37, 372
constitutional imaginary and metabolic realities of199–213
beyond Power and Legitimacy199–203
constitutional ideology and cultural dimension of institutional change203–7
demos-legitimacy and metabolic constitution of European integration207–12
Constitutional Treaty See Constitutional Treaty
constitutionalization, integration as process of165
constitutions See constitutions
democratic legitimacy, and176–78
demos-legitimacy and metabolic constitution of207–12
current limits of EU power reflecting power-legitimacy nexus208–9
metabolic capacity to convert social resources into public goods, need for5
NGEU as Europeanization of fiscal capacity209–11
‘no-demos’ problem in EU public law207
robust demos-legitimacy, need for207–8
discontent with292
economic integration67
economic prosperity, political and social stability as goals of22, 29–30
economic growth, integration contributing to63
electoral democracy, and96–97
EMU See Economic and Monetary Union (EMU
European constitutional imaginaries determining potentiality and viability30
‘ever closer Union’ See ‘ever closer Union’
federation to commonwealth, from176–78
framework of modern social imaginaries, goals formulated within29–30
fusing demoi into larger sovereign units at ever higher levels of integration243
general European interest, substantive projections of99–100
history30–31
ideology, as3
increasingly material to suppression of political democratic alternatives286
institutional change, integration as203–5
cultural dimension203–5
expansive understanding of supranational authority, calls for205–6
functional dimension203–5
integration as profound change in nature of governance205
national institutions constrained in exercise of constitutional authority206–7
political dimension203–5
stickiness, effect of204–5
‘integration through law’ project66
nation-state, and3, 42, 80, 139, 205, 286, 351
alternative of returning to strong nation-states3
nation-state constitutional system203
hierarchies of nation-states remaining popular31
nationalist prejudices expected to disappear31
Schuman Declaration, and142, 144
transnational networks expected to replace nation-states31
weakening of nation-states expected31 See also nation-state
new German ideology, reflecting286
peoples, and See peoples imagined
political messianism, and See political messianism
populism, and40
post-war constitutionalist ethos, and96–97
sovereignty, and317
substantive promises behind integration98
sustainable integration
core idea of256
meaning of255–56
Transformation of Europe See Transformation of Europe
utopia, as
EU’s constitutional utopia1–2, 130–31
European society as political utopia31–32
‘ever closer Union’ as utopia1, 377
Pan-European utopia292
political utopia, and175

European law
autonomous legal order, as57–64, 160
canonical formulation of autonomy: dual claim to structural constitutionality60–62
Community law as complement to democratic and social constitutionalism62–64
European law as new and autonomous legal order59
national constitutional resistance, first wave of64
relationship between European law and national law, structure of58–60
whether European law construed as an international legal order57–58
autonomous to a constitutional-like legal order, from64–70
European law unleashed: one money in one market68–70
implicit to explicit constitutional language, from68
national acceptance of claim to autonomy of European law65–66
substantive transformation of European law66–68
CJEU See Court of Justice of the European Union (CJEU
claims to constitutionality of54
autonomous legal order, as45–46, 57
autonomous to a constitutional-like legal order, from64–70
foundational ambivalences55–57
redefining national constitutionalism in image of European law71–73
second wave of national constitutional resistance70–71
Community law
complement to democratic and social constitutionalism, as62–64
Community law as constitutional in all but name165–66
creation of56
definition of61–62
development as complement to national constitutional orders63
functional constitutionality of63–64
historically -1980s to early 1990s169–72
historically - pre 1980s169
new supranational type, European law as165–66
originality of59–60
politics entering169–70
study of170–71
competence over delimitation of competences, preservation of71
constitutional order, as44–46
constitutions, and See constitutions
controlimiti doctrine65–66, 70–71
definition of61–62
defined by reference to national legal orders63
essential features of, CJEU defining166
differentiated but equal standpoint thesis175, 176
direct effect166–67
European citizenship See European citizenship
European Communities established through new set of legal norms55–56
European Treaties
constitutional charter of the EEC, as166
form of the legal documents56
functional equivalent of a constitutional text163
interpretation of56
Treaties setting institutional structure56
evolution of54–55
federal constitutional law, as56
free movement of capital67
free movement of goods67
fundamental rights167
international law, as form of56–58
primacy of64–65, 68, 176
CJEU, and64–65, 166–67, 338–39
language of primacy replaced by supremacy68
resting on national constitutional decision to open itself to supranational law65
supremacy of national constitutions65
supranational fundamental rights, emergence of65
supranational law complementing national democratic and social states62
transformative capacity of62

European Monetary System (EMS)66–67, 68
creation of66–67
monetary stability as overriding goal67

European public good and European public goods214–30
defining and deciding what is the ‘public’ good238–39
goods of the EU220–25
material public goods221–22
primary emphasis on the pursuit of material public goods220–21
varieties of the European public good222–25
future of European public good226–30
culturally skewed understanding of shared value base230
entrapment, problem of226–28
loose coupling between European society and European polity, problem of228–30
policy fragmentation, danger of228
sense of common European society, precarious nature of229–30
integration, andEuropean integration
public good, definition of214–15
public goods, definition of214–15
two types of good; two types of political association214–20
co-dependence, effects of219
constitutionalism providing institutional nexus219–20
‘immediately’ common goods218–19
mixed public goods218–19
opposition between societas and universitas, not overstating216
public good as aggregate utility216–17
public goods, collective action/competence and218
public goods, definition of217–18
relationship between societas and universitas as internally normative216, 218
singular public good, concept of217–18
social public goods218–19
societas, concept of216–17
societas/nomocracy and universitas/teleocracy215–16

European societal constitutionalismsocietal constitutionalism

European Stability Mechanism (ESM)111, 209–10

European TreatiesEuropean law

European Union as militant democracy75–91
Hungary and Poland
broader constitutional project of ‘post-fascist constitutionalism77
calls for measures beyond current framework76–77
constitutional transformation incompatible with ‘constitutional values’ of EU75
Hungary’s declaration of state of exception without time limit75
ineffectiveness of Article 7 procedure76
interventions from EU76
rise of authoritarianism as constitutional threat89–90
nothing above or besides parliament82–86
evolutionary constitutionalism83–86
reconstitution of Europe78–82
constrain or repress political power as aim78–79
creation of a ‘European Constitution’ as aim79–82
return to Europe87–89, 377
creation of sovereign nation-states in Eastern Europe88
EU as threat to democracy within post-communist constitutionalism89
former communist states in Eastern Europe transition to democracy87

eurozone212
eurozone economies remaining structurally distinct308–9
governing312–15
ordoliberal emphasis on price stability, competitiveness, and fiscal discipline287
single currency removing key lever of power from Member States286,  See also eurozone’s constitutional order after eurozone crisis294–317

eurozone crisis30–31, 38–39, 70, 71, 295–96, 306–15
austerity measures imposed in wake of190
authoritarian character of integration heightened by286
constraints of eurozone membership notable during288
EMU
multiple failures of308
necessity of European sovereignty310–12
political freedom at member state level making EMU vulnerable311
reforms transforming EMU’s embodied vision of economic government309
euro-democracy conundrum, and239–40
eurozone’s constitutional order after See neoliberal federalism, beyond
Five Presidents Report309–10
German-led euro-crisis management288
governing member states in emergency mode308–15
generating federal governmental authority309–12
governing the eurozone312–15
response to
ECB intensifying its accountability practices112–13
economic heterogeneity of eurozone, addressing308–9, 316–17
EMU, and306–8
generating federal governmental authority309–12
governing member states in emergency mode308–15
little democratic input317
member states financing209–10
neoliberal outcomes, pursuit of296, 316, 317
political responses exceeding legitimate self-constraints of legality42
recovery fund315–16
Pringle39
structural drift190

‘ever closer Union’1, 147, 148, 195
concept of148, 154–55
empty signifier, as154, 155, 158–59
general objective of Treaties, as166
process of ongoing transformation, as249
moving beyond213
new politics pitting peoples vs peoples, as251
progressive integration, and30
progressive replacement with motto ‘united in diversity’240–41
utopia of1, 377

federalism41, 247, 340
‘Commonwealth’ as alternative to178, 179
crypto-federalism155
demoicracy, and245, 248
eurozone crisis, and312, 313–15, 316–17
executive federalism190, 191
federal Europe, support for6, 59, 99, 129, 130–31, 166–67, 249
Community law as a federal constitution164–65
European federalist movements164
initial federalist plans163–64
federal liberty, and250
federal union
federal projects as federal unions246
federal states, and248–49
federalist and sovereignist positions in decision-making350–54
interstate federalism294
EMU and16
neoliberal federalism See neoliberal federalism, beyond
political utopia, as167–68, 178–79
subsidiarity, and178
US, and See United States

financial and economic crisis 2008145, 279, 295, 313, 319–20
asymmetrical response to291
austerity measures imposed in wake of190
eurozone See eurozone crisis
fiscal and sovereign debt crisis for some EU member states295–96

fiscal policyMaastricht Treaty

Germany
German Federal Constitutional Court, and52–53, 344–45
Germany barred from belonging to an EU that would become a state239
no-demos thesis244
Maastricht Treaty, and70–71, 289
new German ideology281–82
authoritarian liberalism See authoritarian liberalism
authoritarian populism, ascendance of See authoritarian populism
constructed out of narratives of democratic decay284
democracy as threat to be contained281
dominant ordoliberal version signalling fear of people’s irrational decisions284
European integration: authoritarian liberalism writ large286–87
functioning through mixture of coercion and consent287
ideology and hegemony287–89
inter-war: Carl Schmitt and roots of authoritarian liberalism282–83
‘original sin’ of post-war constitutional thought284–85
reaching a critical conjuncture281–82
stubborn attachment of critical theory to EU291–93
substitution of democratic constituent power with individual economic freedom285
ordoliberalism See ordoliberalism
popular sovereignty16, 281–82

gubernaculum and iurisdictio33–34

history, role of8–11

Hungary30–31
constitutional transformations incompatible with EU values75, 91
EU’s political authority to intervene89–90
rise of authoritarianism75, 89–90, 290, 333
tools available to EU in response76–77, 229–30, 291
Covid-19, response to75
democracy, and377–78
prospering inside EU292
region of the periphery, as344
rule of law crisis in1

ideology2–5
constitutional ideology203–7
constitutional imaginaries, as See constitutional imaginaries
constitutionalism as236
criticizing ideologies, problems of3–4
European integration See European integration
ideological distortion of reality as false consciousness3
indispensable for political rule3
instrument of domination, as3
legitimacy See ideologies and imaginaries of legitimacy from 1950s to today
legitimizing authority and justifying domination236
liberal-legalism See liberal legalism
Mannheim paradox3–4
new German ideologyGermany
professional ideology See professional ideology
science as form of3–4
utopia as counter-concept4

imaginaries of progress as constitutional imaginaries358–75
constitutional Imaginaries as social imaginaries363–66
core constitutional question as who gets space and power to bring projects365–66
institutionalization of social imaginaries364
major socio-political transformations not part of traditional constitutional discourse365
social change, requirements for365
social imaginaries developed within several different traditions364
stickiness of social imaginaries364–65
imaginaries of progress as constitutional imaginaries367–69
collective imaginaries of progress360–63, 367–68
legal imaginaries361–62, 368–69
privatizing imaginaries of progress367, 368
two imaginaries striking similar affective chords368
imaginaries of progress behind European Project372–74
imaginaries of progress behind Weimar358–60, 362, 370–72
meaning of imaginary of progress362

impartiality110–14
‘agencification’ of EU administration See ‘agencification’ of EU administration
bureaucracy, and111–12, 113–14
grounded in ‘negative generality’110
legitimacy of110

integration See European integration

intergovernmentalism54–55, 100, 248

judicial review328–32
judicial review utopia328
neutral judicial review as liberal legalism328–30
US Supreme Court319, 326

Keynesianism365
no longer working as intended305

legal imagination23–24, 58
evolution of23
importance of art and imagination in legal adjudication23–24
introduction of23
prominence of25
reclaiming temporality in271–75
value in the system of positive law24

legal liberalism
crisis, in134–35
meaning132–33
neutral judicial review as328–30
rule of law, and135

legal pluralism22, 31–32
concept of law as plurality of normative orders outside nation-state32
European and global legal pluralism reconstituting power in global society29
European constitutional debates, and32
networks of28–29
self-constitutionalization of28–29
socio-legal problem of plurality of social systems, as32

legitimacy
bureaucratic legitimacybureaucracy
democratic legitimacydemocracy
demos-legitimacyEuropean integration
ECB’s legal legitimacy and normative autonomy200–1
elections, andelections
from 1950s to today See legitimacy from 1950s to today, ideologies and imaginaries of
impartiality, legitimacy of110
increasing conflicts between elitist and populist legitimations in EU institutions41
law’s legitimacy and its broader ‘social imaginary’259
nation-state as legitimate organization of constitutional democratic politics31
popular sovereignty as source of326
social imaginary as common sense of26

legitimacy from 1950s to today, ideologies and imaginaries of
dual foundation of democratic legitimacy: elections and bureaucracy94–103
bureaucratic champions of peace, prosperity, and progress97–98
democratic legitimacy collapsing102–3
electoral legitimacy100–2
European generality and the ‘European common good’99–100
European integration and post-war constitutionalist ethos96–97
revolutionizing legitimating ideologies, decentring democracy103–14
impartiality110–14
proximity, the People’s Europe, and openness and transparency103–7
reflexivity, the Court of Justice, and EU governance107–10
sources of legitimacy147
unpolitical democracy114–16

liberal legalism132–33
communitarian utopia, and131–35
ideology: creating the community of law135–38
Transformation’s liberal legalismTransformation of Europe

liberalism
authoritarian liberalism See authoritarian liberalism
equality among individuals, liberalism assuming140
legal liberalism See legal liberalism
ordoliberalism See ordoliberalism

Maastricht Treaty69, 160–61, 282
aimed at reinforcing Community powers169
CJEU’s decision-makings after Maastricht67–69
consolidating neoliberal socio-economic turn68
constitutional imaginary297–306, 307–8
crisis of governability and the EMU304–6
Maastricht constitutional structure298–301
neoliberal theory of inter-state federalism301–5
constitutional pluralism, and160–61 See also constitutional pluralism
deeper disconnect between political class and citizen since292
ECB, and297–99, 312
Economic and Monetary Union See economic and monetary union (EMU
European citizenship See European citizenship
eurozone, and297 See also eurozone
fiscal policy
ban on monetary financing of member states by ECB300–1
fiscal responsibility remaining with member states299–301
no-bailout clause300–1
Treaty outlining general substantive aims for300
Germany constitutionality, and70–71, 289
principle of respect of national identities of member states70, 298–99
ratification69, 70, 71
difficulties with104–5, 106, 169
resistance to constitutional claims of European institutional actors, and70–71
subsidiarity177–78

Mannheim, Karl3–4

migrant crisis30–31, 42, 333, 335
states’ ability to receive migrants, impacts on336–37

militant democracy, EU as See European Union as militant democracy

monism29
constitutional28–29
legal32

nation-state41, 104–5, 138, 141, 247, 302–3
democracy, and106
EU limiting353
European integration, and See European integration
genuine deliberation, based on340
inherent problems of88
legal pluralism, and32
legitimate organization of constitutional democratic politics, as31
political society of228
socialist movement, and149 See also constitutional patriotism and solidarity beyond the nation-state

neoliberal federalism, beyond301–2
EMU, and295, 296, 304, 307–8, 309
eurozone crisis, and312, 313–15, 316–17
eurozone’s constitutional transformation296
eurozone crisis, challenge of306–15
generating federal governmental authority309–12
governing member states in emergency mode308–15
governing the eurozone312–15
governability not adequately addressed by federal construct307–8
heterogeneity of the constituent parts, importance of308–9, 316–17
ideology and governmental capacity in time of Covid-19315–17
economic convergence, quest for316–17
ECB interventions, inadequacy of315–16
increasing irrelevance of neoliberal theory of federalism316
sovereignty, European integration and317
interstate federalism, neoliberal theory of298, 300, 301–5
continued existence of constituent states as autonomous entities302
difficulty of states reaching true agreement302–4, 312, 316–17
EMU, and304
federal legislation, obstacles to302–3
negative integration, as301–2
single market and a single currency303
Maastricht constitutional imaginary297–306, 307–8
crisis of governability and the EMU304–6
Maastricht constitutional structure298–301
neoliberal theory of inter-state federalism301–5
Maastricht Treaty, and294–95
macroeconomic federalism306
markets, and307

neoliberalism285, 293, 365
discontent with292
eurozone crisis, neoliberal outcomes pursued in296, 316, 317
governmental capacity constrained by economic laws305
integrated into EU’s micro and macro-economic constitutions286
inter-state federalism, neoliberal theory of301–5
market behaviour, and307
neoliberalism and nationalist populism emerging in EU292
policy outcomes associated with308
uncontested reign of130

New Legal History movement5, 8, 9

ordoliberalism37–38
‘iron cage’ of288
nature of221
narrow emphasis on negative integration221–22
supranationalism standing above partisan politics221–22

patriotism See constitutional patriotism

people’s Europe103–6

peoples imagined231–57
constitutionalizing horizontality: varieties of ‘peoples-across-borders’251–54
collective ideality or laos, the people as252
constitution makers, the people meeting as253
law maker of normal politics, the people as254
‘masses’ of the population or plethos, the people as254
nation or ethnos, the people as251–52
people as a group accepting majority decisions252–53
publics, the people as252
imagining the third way: a fragile equilibrium245–51
community model as demoicratic third way246–47
contrasting unity with union instead of community248–51
explicit articulation of demoicratic third way247–48
Paul Ricoeur’s social imaginary234–37
reimagining sustainability: immortal peoples, mortal planet255–57
commitment to long-term goals255–56
connecting demoi of today with demoi of tomorrow255
globalized localities and new technologies256
sustainable integration255–56
resisting technopopulism through demoicracy238–41
defining and deciding what is the ‘public’ good238–39
growing disconnect between locus of political authority and political life241
ideal of demoicracy starting from meaning of peoples241
increasingly inclusive definition of ‘peoples’ resisted by governing elites239
interconnection between peoples as empowerment against privileged few239
interests and values etc of European peoples clashing and converging239
peoples adapting to condition of ‘reciprocal democratic interdependence’239
peoples appearing powerless238
Three Meanings of Brexit, Unbound 2019231–34
un-imagining oneness: imagining a union between peoples241–45
concept of demoicracy See demoicracy
past blueprints for peace241–42
third way for Europe243–51

pluralism
accommodating divergent interests and values in post-national polity343
constitutional See constitutional pluralism
constitutionalist/pluralist analysis343–44, 345–46
constitutionalist/ pluralist exclusion by narrative and interpretation346–50
institutional relationships343
legal See legal pluralism
legal order seen as heterarchical343

Poland30–31
constitutional transformations incompatible with EU values75, 91
EU’s political authority to intervene89–90
rise of authoritarianism75, 89–90, 290, 333
tools available to EU in response76–77, 229–30, 291
prospering inside EU292
region of the periphery, as344
rule of law crisis in1

political constitutionalism13–14, 25, 32
calls for genuine political constitutionalism42
concepts of38

political economy
constitutional theory, and11–13
imaginary of prosperous imperium, and37–39
policy documents39
Transformation of Europe144–45

political imaginary28, 219

political messianism
empty signifier154–55
more nuanced concept of150–54
original polemical concept148–50
‘ever closer Union See ever closer union
origins of concept of149–50
distinguishing features of149
Scholem’s ‘validity without significance’156–58
Schuman Declaration See Schuman Declaration
Weiler’s claim147–48

political utopia
European constitutionalism, as163–65
European federalist movements164
federal Europe as political utopia178–79
European integration175
European society, as31–32
meaning of163
professional ideology, and163–68

popular sovereignty16, 40, 273, 283
authoritarian liberalism distrusting280–81
Brexit, and293
concept of251
EU as polity of interconnected popular sovereignties239
fear/threat of286, 291
German ideology, and16, 281–82
individual economic freedom, and285
joint cross-border popular sovereignty253
minority rights, and177
‘people’, and238, 251, 353
lack of a European demos330
multiple demoi exercising popular sovereignty, utopia as243
source of legitimacy and counterweight to judicial governance, as326
suspicion of97
US, in326, 327

populism
authoritarian populism See authoritarian populism
constitutionalism, and40
democratic mobilization
emerging as response to populism40
imaginary of mobilized European democratic communitas39–41
populism as one kind of13–14
European integration, and40
growing populism40
identity populism, rise of40
increasing conflicts between elitist and populist legitimations in EU institutions41
nationalist populism292
popular sovereignty, and238
powerlessness and338
technopopulism237
authoritarian populism and authoritarian liberalism combining290
resisting technopopulism through demoicracypeoples imagined
threat of114

post-communist Europe376–78
post-communist constitutionalism87–89, 90

professional ideology
constitutionality, as165–68
European legal profession, and175, 176
meaning of163
theorization of specific character of Community law, as167–68
political utopia, and161, 168–74
rationalization of law as a pyramid178–79
supporting EU’s constitutional imaginary175

public good/goods See European public good and European public goods

racial capitalism in European constitutionalism318–37
adverse consequences of Europe’s dominant constitutional paradigm332–36
shortcomings of EU anti-racist legislation334–36
suppression of racial capitalism in European constitutionalism332–34
legacy of Eric Stein in constructing European vision of US Constitutionalism322–27
judicial supremacy: from Marshall Court to Warren Court322–25
Stein’s strategic omission of states’ rights326–27
Mauro Cappelletti and Joseph Weiler’s vision of judicial review328–32
downplaying states’ rights jurisprudence of Rehnquist Court330–32
neutral judicial review as liberal legalism328–30

refugee crisis1, 194, 279
asylum, changing character of solidarity and268–69, 274–75

rule of law1–2
CJEU, and120
collective self-rule, and26
crisis in Hungary and Poland1
legal liberalism, and135
meaning of1–2
utopia, as141

Schuman Declaration143, 147, 223, 249–50, 333
democracy and human rights, and148
excesses of nation-state, addressing142
little substantive vision in147–48

social democracydemocracy

societal constitutionalism13–14, 22, 28–29, 36–37, 42–43
birth of sociology35–36
defining imaginaries as background power22, 40
emphasis on societal laws operating independently of political decision-making35
European administrative calculemus, imaginary of35–37
European societal constitutionalism42–43
gubernaculum and iurisdictio33–34
nature of societal constitutions34
unlimited by legality and power33–34
new constitutional subjects and imaginaries, recognition of33
plurality of power regimes evolving in society29
populism, and40
positive law system, assisted by33
reconstituting power in global society29
society of many constitutions evolving at national and supranational levels, as28
transnational and private law regimes, shifting attention to28–29

social imaginary/ sociological imagination21, 22–23, 284, 364, 366
collective social imaginary369, 374
Weimar constitutionalism370–72

common sense of legitimacy and meaningful life, referring to26
constitutional Imaginaries as social imaginaries363–66
core constitutional question as who gets space and power to bring projects365–66
definition of social imaginary181–82

history of European social imaginaries and their destabilization29–32
introduction of22–23, 26
law’s legitimacy and its broader ‘social imaginary’259
major socio-political transformations not part of traditional constitutional discourse365
Paul Ricoeur’s social imaginary234–37
privatizing social imaginary368–69
relationship between symbols and structures of institutions, importance of23
social change, requirements for365
social imaginaries developed within several different traditions364
stickiness of social imaginaries364–65
institutionalization, and364
transformative constitutional imagination to social imaginaries25–26

sovereignty
European243–44, 311–12, 315–16, 317

late sovereignty184, 192–93
national164, 169–70, 243–44, 246–47, 266–67, 274
exercised at supranational level297–98, 313, 314–15
membership of EU checking ‘excesses’ of91
parliament’s authority to interpret constitution353
nature of313
parliamentary86
popular See popular sovereignty
primacy of186
sovereignty claims multiplying and intensifying289
‘sovereignty from below’, assertions of290
unpopular, becoming285

subsidiarity177–78, 328, 355
Brexit, and354
demands for greater subsidiarity178, 343–44
democracy, and106, 107
transparency, and107

technopopulismpeoples imagined

Transformation of Europe119–46, 245, 330
communitarian utopia131–35
community vision concerning interpersonal level138–39
community vision of Europe139–40
politics based on interests140
community model as demoicratic third way245–46
concept of law, characterization of135
constitutional imaginaries playing twin role235–36
equilibrium reached in EU245–46
ideology critique: making visible what Transformation conceals141–45
history as argument142–44
neglect of political economy144–45
interpreting and making the community constitutional123–31
beyond 1992: ideology, ethos and political culture of European integration129–31
1958–92: changing equilibrium between exit, voice, and loyalty125–29
Transformation’s brief genealogy123–25
liberal legalism132–35
crisis in legal liberalism134–35
law portrayed ass constraining member states’ freedom of action134
meaning of132–33
overestimating force of law in assessing impact of CJEU133–34
trust in courts133
liberal legalism’s ideology: creating community of law132–38
community of interpreters136
constitutional discipline137
law and politics136–37
power of legal discourse135–36
reading Transformation as constitutional imaginary121–22

Troika38–39, 111, 113, 288

United Kingdom (UK)
authoritarian liberalism, and292–93
authoritarian populism as UK’s neoliberal project292–93
Brexit See Brexit

United States (US)
legal realism329–30
racial capitalism318–19, 320, 331–32
Supreme Court
failure to protect minorities331–32
judicial review power319, 326
judicial supremacy: from Marshall Court to Warren Court322–25
Rehnquist Court330–32
rulings on relationship between federal and state powers, contested326
US constitutionalism318–19
legacy of Eric Stein in constructing European vision of322–27
natural law influence on drafting324
open-ended nature of326
US popular sovereignty327

utopias2–5, 377
aspirational schemes seeking actualization, as4
authoritarian liberalism281
communitarian utopia See communitarian utopia with liberal-legalist ideology
constitutional imaginaries, and See constitutional imaginaries
Constitutional Treaty See Constitutional Treaty
counter-concept to ideology, as4
equality, utopia of357
European constitutionalism See European constitutionalism
European integration, and See European integration
ideology, utopia as counter-concept to4
judicial review utopia328
normative orientation to political actions, giving377
papering over differences in social status236
political utopia See political utopia
Transformation, and See Transformation of Europe