Abstract
AbstractThe article argues that the ever‐closer Union among peoples of Europe finds itself at a critical juncture: the unstated and implicit assumption of a community made up of liberal democracies is being challenged and pitted against the rival rebirth of the nationalistic narrative of uniqueness and self‐sufficiency. The readiness to live, or paddle together, is on the line as the once sacrosanct ‘ever closer union among the peoples of Europe’ seems to be the focal point of the principled disagreement that calls into question the very belonging to the community and its continued existence. Faced with these challenges, this article charts an interdisciplinary and holistic road map to grapple with the big supranational questions of the day. It argues that the traditional European discourse moves beyond the technical dichotomy of ‘market regulation versus deregulation’ and ‘Union competence versus Member State competence’ and instead zeroes in on the more fundamental questions pertaining to mega‐politics centred on the identity of the common legal order. While the analysis appreciates the critical interaction between the legal dimension of European supranational integration—the search for optimal tools to safeguard the integrity of the supranational order—it stresses the importance of the ethical face—the narrative and justification that would explain in the name of whom the supranational governance and design acts when it defines and then defends its narrative and First Principles of the common legal order today in flux more than ever.
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