Table Of ContentTHE MANY CONSTITUTIONS OF EUROPE
The Edinburgh Centre for Law and Society
Series Editors: Professor Emilios A. Christodoulidis and Dr Sharon Cowan
Titles in the Series
Law as Institutional Normative Order
Edited by Maksymilian Del Mar and Zenon Bankowski
Law and Agonistic Politics
Edited by Andrew Schaap
Public Law and Politics
The Scope and Limits of Constitutionalism
Edited by Emilios Christodoulidis and Stephen Tierney
Transformations of Policing
Edited by Alistair Henry and David J. Smith
The Universal and the Particular in Legal Reasoning
Edited by Zenon Bankowski and James MacLean
Law and the Politics of Reconciliation
Edited by Scott Veitch
The Many Constitutions
of Europe
Edited by
KAARLO TUORI AND SUVI SANKARI
Helsinki University, Finland
First published 2010 by Ashgate Publishing
Published 2016 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017, USA
Routledge is an imprint of the Taylor & Francis Group, an informa business
Copyright © 2010 Kaarlo Tuori and Suvi Sankari
Kaarlo Tuori and Suvi Sankari have asserted their right under the Copyright, Designs and
Patents Act, 1988, to be identified as the editors of this work.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any
form or by any electronic, mechanical, or other means, now known or hereafter invented,
including photocopying and recording, or in any information storage or retrieval system,
without permission in writing from the publishers.
Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only
for identification and explanation without intent to infringe.
British Library Cataloguing in Publication Data
Tuori, Kaarlo.
The many constitutions of Europe. -- (Edinburgh/Glasgow law
and society series)
1. Constitutional law--European Union countries.
2. European Union countries--Politics and government.
I. Title II. Series III. Sankari, Suvi.
342.2'4-dc22
Library of Congress Cataloging-in-Publication Data
The many constitutions of Europe / by Kaarlo Tuori and Suvi Sankari.
p. cm.
Includes bibliographical references and index.
ISBN 978-1-4094-0468-2 (hardback) 1 . Constitutional law--Europe. I. Tuori, Kaarlo.
II. Sankari, Suvi.
KJC4445.M36 2010
342.402--dc22
2010022189
ISBN 9781409404682 (hbk)
ISBN 9781315555720 (ebk)
Contents
List of Contributors vii
Editors’ Preface ix
PART I MULTI-DIMENSIONALITy Of EUROPEAN
CONSTITUTIONALISM
1 The Many Constitutions of Europe 3
Kaarlo Tuori
2 A Default Constitutionalism?
A Disquieting Note on Europe’s Many Constitutions 31
Emilios Christodoulidis
3 Constitutionalism and the Multi-Coded Treaties of the EU:
Changing the Concepts of Constitutionality 49
Inger-Johanne Sand
4 Constitutional Ideal Types in the Global Age:
A Sociological Review 69
Sabine Frerichs
PART II ASPECTS Of ThE ECONOMIC CONSTITUTION
5 European Competition Law:
Catalyst of Integration and Convergence 91
Milène Wegmann
6 Failures or Ideological Preconceptions?
Thoughts on Two Grand Projects:
The European Constitution and the European Civil Code 109
Hans-W. Micklitz
vi The Many Constitutions of Europe
PART III ASPECTS Of ThE POLITICAL CONSTITUTION
7 Multilevel Constitutionalism:
Looking Beyond the German Debate 143
Neil Walker
8 European Constitutionalism and the Democratic Design of
European Governance: Rethinking Directly Deliberative
Polyarchy and Reflexive Constitutionalism 169
Stijn Smismans
9 Could the Court of Justice Have Done Differently? 195
Suvi Sankari
PART IV ASPECTS Of ThE SOCIAL CONSTITUTION
10 Social Constitution in Historical Perspective:
Hugo Sinzheimer in the Weimar Context 219
Sakari Hänninen
11 Social Rights and Market Freedom in the
European Constitution: A Reappraisal 241
Stefano Giubboni
12 Constitutional Issues in European Health Policy and Practice 263
Meri Koivusalo
Index 281
List of Contributors
Emilios Christodoulidis is Professor of Legal Theory at the School of Law of the
University of Glasgow.
Sabine Frerichs is Post-Doctoral Researcher at the Centre of Excellence in the
Foundations of European Law and Polity research, University of Helsinki.
Stefano Giubboni is Professor of Labour Law, University of Perugia.
Sakari Hänninen is Research Professor at the Finnish National Institute for Health
and Welfare (THL) and member of the Centre of Excellence in the Foundations of
European Law and Polity research, University of Helsinki.
Hans-W. Micklitz is Professor of Economic Law at the European University
Institute (EUI) and Professor of Civil Law, University of Bamberg.
Meri Koivusalo is a Senior Researcher at the Finnish National Institute for Health
and Welfare (THL).
Inger-Johanne Sand is Professor of Public Law, University of Oslo.
Suvi Sankari is Researcher at the Centre of Excellence in the Foundations of
European Law and Polity research, University of Helsinki.
Stijn Smismans is Professor in Law and holder of the Jean Monnet Chair in
European Law and Governance at Cardiff Law School.
Kaarlo Tuori is Professor of Jurisprudence, University of Helsinki and Director of
the Centre of Excellence in the Foundations of European Law and Polity research,
University of Helsinki.
Neil Walker is Professor holding the Regius Chair of Public Law and the Law of
Nature and Nations at the University of Edinburgh.
Milène Wegmann, Dr. Phil. (Bern), CIIA, Collaborator to Zentrum für Europäische
Wirtschaftsforschung (ZEW), Mannheim.
This page has been left blank intentionally
Editors’ Preface
‘Le doute n’est pas une condition agréable, mais la certitude est absurde.’
In recent years, European constitutional discourse has been dominated by theoretical
debates on constitutional pluralism as a deeper understanding of the co-existence
of transnational and national constitutions. This book makes a contribution to
the ongoing lively discussion on European constitutionalism by offering a new
perspective and a new interpretation of European constitutional plurality. It
adopts a different perspective on the many constitutions of Europe, preferring
to understand ‘constitution’ not only as a concept of traditional constitutional
law, but as a relational concept, and applies it here to distinguish between the
economic constitution, the juridical constitution, the political constitution and the
social constitution. This book combines diverse disciplinary approaches (different
fields of law, political science, economics and sociology) towards these different
aspects of the European constitution, bringing into the constitutional debate even
other than merely constitutional scholars. Thus, in addition to providing a general
discussion on the European constitution as a relational concept, the book also
offers chapters on each specific constitution.
One of the central objectives of this book, and also of the Finnish Centre of
Excellence in the Foundations of European Law and Polity Research (Faculty of
Law, University of Helsinki) under which this book was assembled, is to facilitate
a dialogue between diverse scholarly approaches to European law and to address
the legal theoretical implications of Europeanization. In 2009, the main emphasis
of the Centre was on the interdependencies between various aspects of the
European constitution and constitutional discourse. This multidimensionality of
the constitution(s) of Europe inspired the Centre to collect selected contributions
by members of the Centre and by its cooperating partners, as well as by its new and
old friends, to be first presented, then developed further, and finally published in
the form of this book. This cooperation proved that a dialogue across disciplinary
boundaries is not only possible, but also fruitful.
We wish to thank Ashgate for agreeing to publish it. Our special thanks go to
Alison Kirk and Emilios Christodoulidis and, of course, to all the contributors.
Helsinki, June 2010
Kaarlo Tuori and Suvi Sankari
