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What Is Political Union?

Published online by Cambridge University Press:  06 March 2019

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Recent proposals to fix Europe's ailing monetary union have led some to endorse a stronger fiscal union. Such a fiscal union, which would supposedly comprise stronger budgetary supervision as well as a modicum of revenue collection by the Union itself, is taken to mark the step towards “political” union. The article explores the question of what, if anything, is understood by “political” in this context. After distinguishing three possible meanings of political union, the article argues that a true union of this kind would rest its focus on the form of life that can be sustained among Europeans. Surprisingly perhaps, the article concludes that less centralization and unwinding monetary union in its current form may well be more congenial to a political union than hectic bids for fiscal centralization.

Type
Special Issue - Regeneration Europe
Copyright
Copyright © 2013 by German Law Journal GbR 

References

1 See Wallace, William, Less than a Federation, More than a Regime: the Community as a Political System, in Policy-Making in the European Community 403 (Helen Wallace, William Wallace & Carole Webb eds., 2nd ed. 1983).Google Scholar

2 See Weiler, J.H.H., Fin-de-siècle Europe: Do the New Clothes Have an Emperor?, in The Constitution of Europe: Do the New Clothes have an Emperor? and Other Essays on European Integration 238, 250–2, 262 (1999).Google Scholar

3 See Id. at 252, 343; see also Hermann Cohen, Die Religion der Vernunft aus den Quellen des Judentums (1919).Google Scholar

4 In contrast to Weiler, Cohen explains that monotheism is the reason for respecting the stranger or foreigner. See Cohen, supra note 3, at 144–5 (arguing that “[a]ll people are equally creatures of the same God.”). It must appear doubtful whether this idea is compatible with the public reason of a liberal society.Google Scholar

5 Hegel, G.W.F., Elements of the Philosophy of Right 221 (Allen W. Wood, ed., H.B. Nisbet trans., 1991).Google Scholar

6 For a relevant rediscovery of Hayek, see Scharpf, Fritz W., The Double Asymmetry of European Integration, Or: Why the EU Cannot Be a Social Market Economy (Max Planck Institute for the Study of Societies, Working Paper 09/12, 2009), available at http://www.mpifg.de/pu/workpap/wp09-12.pdf. See also Martin Höpner & Armin Schäfer, Eine neue Phase der europäischen Integration: Legitimitätsdefizite europäischer Liberalisierungspolitik, in Die Politische Ökonomie der europäischen Integration 129, 130 (Martin Höpner & Armin Schäfer eds., 2008).Google Scholar

7 Friedrich August von Hayek, The Economic Conditions of Interstate Federalism, in Individualism and Economic Order 255, 271 (1948).Google Scholar

8 Id. at 257–8.Google Scholar

9 Mill, John Stuart, Considerations on Representative Government 308 (1991).Google Scholar

A portion of mankind may be said to constitute a nationality if they are united among themselves by common sympathies which do not exist between them and others—which make them co-operate with each other more willingly than with other people, desire to be under the same government, and desire that it should be government by themselves, or a portion of themselves, exclusively.

10 See Hayek, , supra note 7, at 263.Google Scholar

11 See Lindseth, Peter, Power and Legitimacy: Reconciling Europe and the Nation-State (2010).Google Scholar

12 Majone, Giandomenico, Europe as the Would-Be World Power: The EU at Fifty 102 (2009).Google Scholar

13 However, , for an intriguing historical exploration, see McDannell, Colleen & Lang, Bernhard, Heaven: A History (2001).Google Scholar

14 See Weiler, , supra note 2, at 342.Google Scholar

15 For a historical reconstruction of this belief, see Joerges, Christian, Europe's Economic Constitution in Crisis (Nov. 22, 2012) (unpublished manuscript) (on file with the author).Google Scholar

16 See Weiler, , supra note 2, at 342.Google Scholar

17 See generally Rompuy, Herman Van, Towards Genuine Economic and Monetary Union: Report by the President of the European Council (June 26, 2012), available at http://ec.europa.eu/economy_finance/focuson/crisis/documents/131201_en.pdf; José Manuel Durão Barroso, State of the Union 2012 Address by European Commission President (Sept. 12, 2012), available at http://europa.eu/rapid/press-release_SPEECH-12-596_en.pdf.Google Scholar

18 See Barroso, , supra note 17, at 4, 9 (stating this position explicitly); but cf. Van Rumpoy, supra note 17, at I-3 (stating a more muted position).Google Scholar

19 For a reminder, see Scharpf, Fritz W., Governing in Europe: Effective and Democratic? 43–84 (1999).Google Scholar

20 For an introduction, see Joas, Hans & Knöbl, Wolfgang, Social Theory: Twenty Introductory Lectures 43–67, 249–280 (A. Skinner trans., 2010).Google Scholar

21 For a recent discussion of the latter, see Höpner, Martin & Schäfer, Armin, Integration Among Unequals: How the Heterogeneity of European Varieties of Capitalism Shapes the Social and Democratic Potential of the EU 4–5 (Max Planck Institute for the Study of Societies, Discussion Paper 12/5, 2012).Google Scholar

22 See Barroso, , supra note 17, at 9; see also Miguel Poiares Maduro, A New Governance for the European Union and the Euro: Democracy and Justice 20–1 (Robert Schuman Centre for Advanced Studies, Policy Paper 2012/11, 2012), available at http://network.globalgovernanceprogramme.eu/wp-content/uploads/2012/10/report.pdf.Google Scholar

23 Maduro, , supra note 22, at 18.Google Scholar

24 See Barroso, , supra note 17.Google Scholar

25 Barroso, , supra note 17, at 11.Google Scholar

26 Barroso, , supra note 17, at 11.Google Scholar

27 See Barroso, , supra note 17, at 9; see also Van Rompuy, supra note 17, at I-2.Google Scholar

28 Maduro, , supra note 22, at 27.Google Scholar

29 On the distinction between the high politics concerning defense and foreign relations and the low politics of market regulation, see Hoffmann, Stanley, Obstinate or Obsolete? The Fate of the Nation-State and the Case of Western Europe, 95 Daedalus 862, 876 (1966).Google Scholar

30 See Schmitt, Carl, The Concept of the Political 26, 38 (G. Schwab trans., 2007).Google Scholar

31 See Final Report of the Future of Europe Group of the Foreign Ministers of Austria, Belgium, Denmark, France, Germany, Italy, Luxembourg, the Netherlands, Poland, Portugal and Spain (Sept. 17, 2010), available at http://www.cer.org.uk/sites/default/files/westerwelle_report_sept12.pdf.Google Scholar

32 See Gardiner, Nile, EU Proposals for a European Army Would Destroy NATO and Threaten the Transatlantic Alliance, Daily Telegraph, Sept, 19, 2012, http://blogs.telegraph.co.uk/news/nilegardiner/100180784/eu-proposals-for-a-european-army-would-destroy-nato-and-threaten-the-transatlantic-alliance/.Google Scholar

33 For a highly perceptive study, see Dawson, Mark & Witte, Floris de, Constitutional Balance in the EU After the Euro-Crisis, 76 Mod. L. Rev. (2013) (publication forthcoming 2013).Google Scholar

34 See the contribution by Michael Wilkinson in this issue. Michael Wilkinson, The Spectre of Authoritarian Liberalism: Reflections on the Constitutional Crisis of the European Union (in this issue).Google Scholar

35 Commentators of an earlier draft of this article have wondered whether it would not be more accurate to characterize the position that follows above as republicanism. I abstain from using the term for a systematic and for a historical reason. Systematically, the place of republican thought has been occupied by positions emphasizing either civic virtue or non-domination. Neither is relevant to the more general point about political self-determination to be made here. Second, traditionalism highlights the temporal dimension of the matter that concerns the demise of our traditional political world.Google Scholar

36 For such a republican perspective on political union, see Marquand, David, The End of the West: The Once and Future Europe 135–136 (2011).Google Scholar

37 See Maduro, , supra note 22, at 7, 13.Google Scholar

38 For a rough sketch, see Scharpf, Fritz W., Monetary Union, Fiscal Crisis and the Preemption of Democracy, 25–6 (Max Planck Institute for the Study of Societies, Discussion Paper 11/11, 2011), available at http://www.mpifg.de/pu/mpifg_dp/dp11-11.pdf.Google Scholar

39 See Maduro, , supra note 22, at 5.Google Scholar

40 Maduro, , supra note 22, at 5.Google Scholar

41 For an introduction and critique, see Somek, Alexander, The Argument from Transnational Effects I: Representing Outsiders Through Freedom of Movement, 16 Eur. L.J. 315 (2010); Alexander Somek, The Argument from Transnational Effects II: Establishing Transnational Democracy, 16 Eur. L.J. 375 (2010).Google Scholar

42 See Maduro, , supra note 22, at 9–10.Google Scholar

43 Maduro, , supra note 22, at 10.Google Scholar

44 In principle, the first type of externality could also be addressed through unilateral sanctions. This, however, would be inconsistent with the mechanisms of European Union law.Google Scholar

45 See Maduro, , supra note 22, at 10.Google Scholar

46 See Regulation 1176/2011 of the European Parliament and of the Council on the Prevention and Correction of Microeconomic Imbalances, 2011 O.J. (L 306) 25, 27; Regulation 1173/2011 of the European Parliament and of the Council of 16 November 2011 on the Effective Enforcement of Budgetary Surveillance in the Euro Area, 2011 O.J. (L306) 1, 1.Google Scholar

47 Maduro, , supra note 22, at 11–12.Google Scholar

48 Maduro, , supra note 22, at 10–11.Google Scholar

49 Maduro, , supra note 22, at 10.Google Scholar

50 This competition has not reduced the tax base yet. It has benefitted smaller states. In any event, the externality that states are to themselves means that they can no longer tax what they would like to tax.Google Scholar

51 Maduro, , supra note 22, at 12.Google Scholar

52 Maduro, , supra note 22, at 19–20.Google Scholar

53 Maduro, , supra note 22, at 11.Google Scholar

54 Generally, , Maduro's texts appear to accept as their default position some basic dogmas of mainstream law and economics. From this perspective, “externalities” are effects that reduce aggregate welfare. But Maduro does not explicitly apply this perspective in his analysis. The argument does not address aggregate welfare but the future of democracy.Google Scholar

55 I owe this point to Fritz W. Scharpf, Rettet Europa vor dem Euro!, Berliner Republik (Feb. 2012), http://www.brepublik.de/aktuelle-ausgabe/rettet-europa-vor-dem-euro.Google Scholar

56 For one critical voice among several others, see Höpner, Martin & Rödl, Florian, Illegitim und rechtswidrig: Das neue makroökonomische Regime im Euroraum, 92 Wirtschaftsdienst 219 (2012).Google Scholar

57 For a less drastically stated account, see Dawson, & Witte, De, supra note 33.Google Scholar

58 See Schmitt, Carl, Legality and Legitimacy 63 (J. Seitzer trans. & ed., 2004).Google Scholar

59 For a particularly skeptical perspective, see Gray, John, Why Europe Is Floundering, The Guardian, Oct. 17, 2012, at 38.Google Scholar

60 See Merkel will weitere Anstrengungen, Die Schweizer Suchmaschine, Oct. 18, 2012, http://news.search.ch/ausland/2012-10-18/merkel-will-weitere-anstrengungen (noting that German Chancellor Merkel called the Euro “a symbol for the economic, social and political integration of Europe.”).Google Scholar

61 See Maduro, , supra note 22, at 11.Google Scholar

62 See Scharpf, , supra note 55.Google Scholar

63 See Schuman, Robert, Schuman Declaration, May 9, 1950, available at http://europa.eu/about-eu/basic-information/symbols/europe-day/schuman-declaration/index_en.htm.Google Scholar

64 On the little success in the United Kingdom, see Scharpf, supra note 55.Google Scholar

65 I am using quotation marks because this way of speaking involves a crude simplification of a highly complex reality. See Scharpf, supra note 6, at 7.Google Scholar

66 For a summary of the work that has been done over the last few years in exploring this question, see generally Höpner & Schäfer, supra note 21.Google Scholar

67 See Höpner, Martin, Nationale Spielräume sollen verteidigt werden, 3 Mitbestimmung 47 (2012), available at http://www.boeckler.de/39145_39165.htm.Google Scholar