Law and Political Economy Approaches to EU Constitutionalism

This paper examines how law and political economy approaches can be applied to EU Constitutionalism with a view to reconciling the social and market aspects of the Union’s constitutional identities. Analyses of EU constitutionalism which adopt a law and political economy approach are notable for their absence. Indeed it is only the work of Mueller which has substantively engaged with this theme and analysis in an article which predates the modern constitutional schema following the Lisbon Treaty and the entry into force of the Charter. Yet a law and political economy approach is both appropriate and necessary to understand how EU constitutionalism can reconcile its market and social components. Through applying the analysis to EU constitutionalism the paper argues that a new ‘constructivist constitutionalism’ can be identified and may offer a path towards the construction of a more coherent constitutional identity for the Union