Transformation from within: Reinterpreting EU Constitutionalism's Equilibria in the Current Treaty Framework

The EU is at the crossroads, with a considerable part of its citizens experiencing a feeling of detachment from the European project. The ongoing crises have acted as a wake-up call for a reorientation of the EU agenda, which, for some, has almost exclusively been serving economic aims for too long, showcasing their overarching influence in the Treaties to the detriment of its social face.

This paper introduces a new vision on the nature of European constitutionalism, focusing on the relationship between its economic and social components. More specifically it argues that over time these notions have become less and less antagonistic, their differences no longer being irreconcilable. After an overview of the core existing narratives, emphasis is placed on the reforms Lisbon Treaty brought to the table, mainly with the introduction of the concept of social market economy. These reforms, which should have otherwise exerted significant normative and ideological influence on the constitutional discourse, have been largely overlooked. This can be attributed to the attention directed to the CJEU as an ultra-liberal actor, triggered by its decisions in the Laval Quartet. Nonetheless, in recent years, there has been a pro-welfare change, initiated by both the Court as well as other EU institutions. This could signal a –belated- path departure, towards a symbiotic constitutionalism ideal.