Constitutional Mutation: The Crisis and Governance of EU Macro-Economic and Fiscal Policies

Changes in European monetary and fiscal governance have provoked a constitutional mutation to use the expression of Jellinek which involves three different dimensions. Firstly, the fragmentation of the constitutional order whilst at the same time maitaining a strong policy coherence together with a growing differentiation between different groups of states. Secondly, a deep change in the relations between constitutional orders (EU and national): the EU has induced strong turns in constitutional policy preferences. This has also meant a petrification of certain policy preferences. Thirdly, policy pivots on scrutiny and sanction and the parallel reinforcement of the Commission and other autonomous and non-political EU organs (i.e. the ECB and the ECJ).