The Rule of Law, Rights, and Democracy in Sovereignty-Sensitive Domains
from Conclusion
Published online by Cambridge University Press: 05 December 2019
The expansion of EU law over the past quarter-century beyond market regulation and into domains of classic state sovereignty has been breathtaking. In the 1990s, it might have been possible to dismiss some of the developments as paper phenomena, but with the introduction of the euro, the Lisbon Treaty’s provisions on immigration and internal security law, the dizzying succession of institutional transformations provoked by the euro crisis, and the pressure to develop a role in monitoring constitutional fundamentals, it is fair to say that the EU looks more state-like today than it has at any other point in its history. Yet it is difficult to find any latter-day Jean Monnets celebrating. The EU’s exercise of such powers has been contentious, and the rise of populism is the most telling sign. The politics of policymaking have become more complex than ever, characterized by a variety of ideological and regional cleavages. But even though the populist voices in favor of disintegration might be the loudest, there are also steady and substantial efforts being made to improve the EU’s capacity to overcome divisions and govern legitimately.
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