Is this Europe?: EU law’s rendering of European society

Abstract The question to what extent EU law is constitutive of European society as articulated in Article 2 TEU is, at its core, a question about the nature, scope and limits of EU law. This article suggests certain clear limits to EU law’s ability to make the European society visible in law, or legible for law – let alone composable through law. The article is entitled ‘Is this Europe?’ as a direct challenge to the widely held belief that EU law is somehow constitute of European integration; that EU law contains all that European integration is, can and will be. Sure, the Europe that we see when analysing cases, treaties and legislation matters. But the ‘real’ Europe – the one that is felt, experienced, lived – resides in what happens due to, in spite, or irrespective of those cases, treaties and legislation. For EU law to remain sensitive to its society, then, EU law needs to reformulate the expectations it has of itself and create an analytical framework that allows it to transcend its immanent nature. This requires three changes to the way we ‘do’ EU law. First, more sensitivity to the material and relational context in which EU law operates. Second, creating space for forms of lay knowledge that are rooted in social praxis. Third, more ambition and playfulness in the way we – as scholars – ‘speak’ EU law.