The politics of the constitutionalisation of corporate power in Europe

Veraldi, Jacquelyn D ORCID: 0000-0002-1013-3523 and Hassall, Matthew R ORCID: 0000-0002-0470-3796 (2023) The politics of the constitutionalisation of corporate power in Europe. In: Research Handbook on the Politics of Constitutional Law. Edward Elgar Publishing,Cheltenham, pp. 350-376. ISBN 9781839101632, 1839101644

Text VeraldiHassall.pdf - Author Accepted Manuscript Access to this file is embargoed until 3 May 2024. Download (426kB)

Abstract

The EU constitutional order is an economic order that enshrines an ideological choice but the field of EU constitutional studies has taken insufficient notice of the role of corporate interests in the EU constitutionalisation process. This paper presents a synthesised interest group analysis that demonstrates how the EU internal market was constitutionalised through the exercise of corporate power over and with political and judicial actors. It then critically interrogates two major consequences of this past exercise of power: the further constitution of corporate power in the present and the resultant failure of the EU constitutional order to meet the basic criteria of democratic legitimacy. The paper finally assesses the inefficacy of existing and potential EU legal provisions for tethering corporate power and rectifying the economic, political, social, and environmental harms facilitated by corporate involvement in EU constitutionalisation. Since corporate power is a historically constructed phenomenon, it can only effectively be confronted by stepping outside the structures generated through the exercise of corporate power and reshaping the EU constitutional order.

Item Type:	Book Section
Uncontrolled Keywords:	European Law
Divisions:	Faculty of Humanities and Social Sciences > School of Histories, Languages and Cultures
Depositing User:	Symplectic Admin
Date Deposited:	09 Feb 2024 10:25
Last Modified:	26 Feb 2024 03:24
DOI:	10.4337/9781839101649.00028
Related URLs:	Publisher
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3178369