Towards a Conceptual History of the Material Constitution of the EU: Riccardo Monaco’s Contribution to Legal Scholarship

Abstract This Article examines the evolving concept of the material constitution and its application to the EU. The first part focuses on the theory of Italian jurist Costantino Mortati, exploring both its foundations and its contemporary relevance. Mortati’s understanding of the material constitution—deeply rooted in the framework of the modern nation-state—faces significant challenges when extended to supranational entities such as the EU. The second part turns to the work of Riccardo Monaco, who reimagined constitutional normativity in light of European integration. His analysis highlights the dynamic, institutional character of the European Communities’ legal order. The Article traces how the concept of the material constitution has been adapted—and ultimately transformed—within transnational contexts. This transformation reveals both the concept’s interpretive value and the theoretical tensions involved in applying it beyond the boundaries of the nation-state. In particular, it underscores the normative significance of the ECs’ underlying political economy.