Today concludes the series of five blog entries aimed at understanding the current political crisis in the European Union through a Schmittian lens. (For the previous posts, see part 1, part 2, part 3, and part 4.) In this post, Michael Marder asks what it would take for the EU to overcome the crisis. The answer, he argues, is nothing less than the EU constituting itself anew, by way of contesting the meaning of the European political subjectivity.

Toward a New Self-Constitution of Europe?

What remains, within the framework the European Union, is the constitution in a relative sense, dissolved “into a multitude of individual, formally equivalent constitutional laws.”[1] We face an expression without anything to express, devoid if not of meaning then of a connection to the sources of meaningfulness. The relegation of constitutional unity to the background and its substitution with constitutional details suits well that institutional arrangement where unity does not actually exist, that is, one where it is not bound to the texture of political existence. The multitude of EU laws is groundless in a different sense from the groundlessness of the absolute concept of the constitution, which is rooted in actual existence and, therefore, self-grounded: “Every existing political unity has its value and its ‘right to existence’ not in the rightness or usefulness of norms, but rather in its existence.”[2] Assuming that this necessary precondition for constitutionality has not been set in place, the main challenge Europe is facing, one that is more fundamental than solving the financial and political crises it is embroiled in, is to attain its political existence, to constitute itself.

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