"Unity in Diversity" was the fortunate motto of the otherwise unfortunate Draft Constitutional Treaty. The motto did not make it into the Treaty of Lisbon. This essay argues that it deserves to be kept alive albeit in a new constitutional perspective, namely the re-conceptualisation of European...

The idea of an “economic constitution” was developed by a group of German economists and lawyers in the Weimar Republic which sought a “third - the ordo-liberal - way” between laissez-faire liberalism and socialist politics. Ordo-liberalism survived the Third Reich untainted. In the 50s,...

The European Union is in troubled waters. Its original reliance on law as the object and agent of the integration project and on the “economic constitution” which the EMU, as accomplished by the Treaty of Maastricht, were expected to complete have proven to be unsustainable. Following the...

The idea of an “economic constitution” was developed by a group of German economists and lawyers in the Weimar Republic which sought a “third way” – the “ordo-liberal way” – between laissez-faire liberalism and socialist politics. Ordo-liberalism survived the Third Reich...

What kind of law are Germany’s Constitutional Court and the CJEU concerned with when they decide upon European and national powers in the realms of monetary, economic and fiscal policy? Is it still possible to identify some meta-legal conceptual basis for the ordering functions attributed to...