A Crisis of Neo-liberalism and the Future of the European Union: Socio-economic and Political Challenges to Its Legal-Constitutional Framework (and a Defence of Scharpf’s Asymmetry Theory)

Abstract This article illuminates the powerful role of law in shaping the EU’s political economy. I argue that the neo-liberal architecture and, ultimately, the lack of a socio-economic equilibrium ingrained in the EU legal framework and in the (case) law of the ECJ are crucial with regard to their effects on the political and (socio-)economic spheres. Solutions to this and the restoration of socio-economic balance are limited. As Treaty change seems unrealistic, I argue that the Court should develop a new (self-)understanding that replaces the ‘integration through law’ paradigm with something that could be understood as ‘integration sustained by law’.