The Crisis of the Rule of Law and the Crisis of Constitutional Thinking

The paper traces the evolution of the constitutional thinking about EU law within supranational institutions and scholarship. The context of the inquiry is the recent crisis of independent institutions in the Member States. In this regard, the paper diagnoses the abdication of thinking (through concepts, reasoning and discourse) in terms of a pluralist constitutional order. This is in favour of thinking in terms of ‘emergency pragmatism’. The latter focuses on facing the current challenges to the rule of law through the enforcement of values and crisis-solving strategies. The paper argues that ‘emergency pragmatism’, promoting the licensed plurality rather than pluralism, is likely to affect the shape of EU law beyond the context of the rule of law crisis.