Procedura, tecnica, politica. La nuova governance economica: analisi di un processo costituente europeo tra ideologia e materialità

Abstract

The present paper starts with the analysis of the latest proposals of the European Commission concerning the integration of the fiscal compact in the European law system and the institution of an European monetary fund. The paper analyses the way how, during the crisis, the States and the European institutions have rebuilt radically the mechanism of the economic governance. It will be described a constituent process that affects both the supranational organization and the national constitutional systems. This process will be analysed under the ideological point of view and the material point of view. From the ideological side, the process leads a depoliticization defined as "technocratic legitimation": the substitution of political decisions with procedures and practices, concerning an anticonstructivist and antivoluntaristic idea of law. From the material point of view, it is possible to identify the new economic governance through the substitution of soveregnity of the labour with the soveregnity of credit.