Can constitution-building advance European integration? A three-pillared institutionalist analysis

Abstract:

Federalists believe that the whole EU constitution-building process of 2002-2004 may be nothing but 'a new bottle for old wine', Eurosceptics condemn it as a step further towards a European super-state, and jurists and lawyers are busy debating whether the Constitutional Treaty even meets the essential criteria of constitutionalism. This article distances itself from all the political debates and legal arguments that surround constitution-building and focuses its attention on the contribution that it brings to European integration as a whole. Based upon three-pillared institutionalism developed by Scott (1995) and Laffan (2001), the author concludes that constitution-building cannot advance European integration as expected by the federalists. In contrast, it may fail to effectively advance its collective identity-building, to improve its governing efficiency and even promote the democratic life in the Union. The author attributes the limited success of EU constitution-building to the rapid decline in general zeal for European integration in the post-Cold War era.