Administration or Federation? Constitutional Self-Image and the World Political Order in Which the EU Finds Itself

• Main Author: Kuo Ming-Sung
• Format: Article
• Language: English
• Published: Centre for Studies on Federalism 2017-11-01
• Series: Perspectives on Federalism
• Subjects: EU external relations; constitutional self-image; weak-form constitutional order; GAL approach; post-identity constitutional vision
• Online Access: http://www.degruyter.com/view/j/pof.2017.9.issue-2/pof-2017-0015/pof-2017-0015.xml?format=INT

In this article, I compare constitutional and administrative models in terms of their implications for the EU legal order’s interaction with other legal regimes. I aim to make a twofold argument on the implications of the EU’s constitutional self-image to the world political order. First, as the CJEU adopts an identity-centred strong constitutionalist position on the Union’s external relations, it implicitly frames the EU legal order’s interaction with other legal regimes as in a federated order. Yet the strong political implications of federation are likely to bring about more inter-regime conflicts and provoke reactions from Member States. Second, I provide a critique of the administrative model in the light of GAL’s intervention in inter-regime relations, suggesting a post-identity constitutional alternative in times of crisis. Freed from the value-laden concept of constitutional identity, but without de-constitutionalizing itself, the EU can have the benefits of both the constitutional and administrative models by moving towards a weak-form constitutional order. In the event, the debate, as to whether to conduct the EU’s external relations according to the constitutional or the administrative model, is misconceived.