The Constitutional Contours of EU Crisis Law

Abstract The aim of this article is threefold. First, it develops the premises on which the Special Issue “A Union of Crises: In Search of Constitutional Resilience” is based: that the omnipresence of diverse crises has become an inescapable reality for the EU, and that the low likelihood of Treaty change requires a reorientation in legal literature towards a more systematic exploration and conceptualisation of EU crisis law that transcends the hitherto focus on single-crisis measures. Second, the paper attempts to lay the groundwork for such a reorientation by offering a meta-view of what EU crisis law entails by outlining the constitutional contours of EU crisis law. It argues that the concept of EU crisis law is a combination of constitutional, international, hybrid, exceptional and legislative models of crisis accommodation, and demonstrates how these have interacted in the responses to past and present crises. Finally, the paper demonstrates how the remaining papers that form part of this Special Issue advance a meta-narrative of EU crisis and begin to provide answers to some of the most pressing issues that this nascent discipline is to address.

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Publication Details

Journal
European Journal of Risk Regulation
Published
2026-01-20
DOI
https://doi.org/10.1017/err.2025.10075
Primary Topic
Gender and Women's Rights
Type
article
Field-Weighted Citation Impact
0.00

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article

The Constitutional Contours of EU Crisis Law

Jaka Kukavica
European Journal of Risk Regulation
Gender and Women's Rights
article

The Constitutional Contours of EU Crisis Law

Jaka Kukavica
article en

Abstract

Abstract The aim of this article is threefold. First, it develops the premises on which the Special Issue “A Union of Crises: In Search of Constitutional Resilience” is based: that the omnipresence of diverse crises has become an inescapable reality for the EU, and that the low likelihood of Treaty change requires a reorientation in legal literature towards a more systematic exploration and conceptualisation of EU crisis law that transcends the hitherto focus on single-crisis measures. Second, the paper attempts to lay the groundwork for such a reorientation by offering a meta-view of what EU crisis law entails by outlining the constitutional contours of EU crisis law. It argues that the concept of EU crisis law is a combination of constitutional, international, hybrid, exceptional and legislative models of crisis accommodation, and demonstrates how these have interacted in the responses to past and present crises. Finally, the paper demonstrates how the remaining papers that form part of this Special Issue advance a meta-narrative of EU crisis and begin to provide answers to some of the most pressing issues that this nascent discipline is to address.

European Journal of Risk RegulationVol. 17(1)
University of Ljubljana (SI)
University of Cambridge
Peace, Justice and strong institutions
Openalex Percentile: Top 86%
Gender and Women's Rights
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