From Economic to Symbiotic Constitutionalism: a Belated Post-Lisbon, Post-Crisis Transformation?

Alexandris Polomarkakis, Konstantinos (2019) From Economic to Symbiotic Constitutionalism: a Belated Post-Lisbon, Post-Crisis Transformation? European Public Law, 25 (3). ISSN 1354-3725

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Abstract

This paper departs from the traditional portrayal of the relationship between economic and social constitutionalism as an antagonistic pair in a never-ending struggle. Instead, it propounds a more conciliating thesis in light of the post-Lisbon and ongoing developments at EU level, which have advanced social constitutionalism further. The thesis is better explained by the concept of symbiotic constitutionalism, which aims at keeping its economic and social components in balance. Symbiotic constitutionalism gives effect to the social market economy paradigm introduced by the Treaty of Lisbon and acknowledges the incremental socialisation of the Union, reawakened in the aftermath of the crisis. Finally, it bestows a constitutional telos upon the EU that is not detrimental towards its economic and social components. The latter are no longer pitted against each other, but understood as a complementary pair.

Keywords:European Constitution, Economic Constitutionalism, Social Constitutionalism, Symbiotic Constitutionalism, Social Europe, Social Market Economy, Treaty of Lisbon, Pillar of Social Rights, Court of Justice, Crisis
Subjects:M Law > M100 Law by area
M Law > M120 European Union Law
Divisions:College of Social Science > Lincoln Law School
ID Code:32548
Deposited On:16 Jul 2018 11:26

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