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Austrian Law Journal, Volume 1/2015
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ALJ 1/2015 Alexander Somek 86 has been established with the aim of creating Europeans. This goes to the heart of what Voegelin perceives authoritarian rule to accomplish: “authorship”.110 The authoritarian spirit of European integration is ever more clearly revealed in the practice that Majone calls either “cryptofederalism” or “integration by stealth”. This is the method of integra- tion that he attributes to Jean Monnet.111 Cryptofederalism is federalism short of a plan for a fed- eral constitution. The forces and players driving the integration process do not work openly to- wards a federal constitution—a goal that neofunctionalism still had in mind—but pursue a strat- egy of “minor steps and grand effects” (Monnet).112 This strategy lacks, however, a final orienta- tion. The movement towards “more Europe” takes the place of the goal. It becomes everything. Again, translating this mindset into Voegelin’s categories, it can be said that the repeated choice for “more Europe”, regardless of where it may arise, reveals an authoritarian faith that we are, if only we remain faithful enough, moving into the right direction. Not by accident, Majone diagno- ses a lack of serious interest in what Europe is supposed to be and more “fascination with the process of institution-building.”113 The fait accompli, the creation of “more Europe” ad hoc, by taking little steps, is consistent with the faithful dedication to a cause whose ultimate justification no one understands. Europe rendered as “more Europe” is an authoritarian project that uses liberalism as its means. XIV. Conclusion The current governance of Economic and Monetary Union shows us the administrative face of the cosmopolitan constitution of its Member States.114 Generally, a constitution of this type commits states to submit their performance to processes of peer review. Its administrative di- mension concerns the growing importance of transnational problem-solving processes, such as the surveillance and compliance mechanisms that were mentioned in the introduction to this article. In this context, the principle that powers be exercised proportionately is replaced with the principle that powers be proportionate to unpredictable challenges. Not surprisingly, executive powers grow. While parliaments no longer are the central locus of political authority, citizens retreat into the private sphere and allow themselves to be governed by those who claim to be in the know. But Europe is not doomed to stay the authoritarian liberal project that it currently is. The key to a change may well be that governments of the Member States pass on to the Union the democratic resistance that they encounter at home.115 This is perfectly legitimate for the reason that the current situation does in no manner generate “output legitimacy.” More precisely, the output legitimacy exists only for the lending Northern Member States.116 The Euro has not collapsed and the budgetary expenses for rescue measures have been minimal so far. They enjoy the benefits of the Euro Zone. It allows them to operate with what is effectively an undervalued currency. 110 See Voegelin, note 92 at 101 (Engl. trans.). 111 GIANDOMENICO MAJONE, EUROPE AS THE WOULD-BE WORLD POWER: THE EU AT FIFTY 72 (Cambridge University Press, 2009). 112 Cited in Schmitter, note 109 at 257. 113 Majone, note 111 at 73. 114 On the following see my THE COSMOPOLITAN CONSTITUTION (Oxford University Press, 2014). 115 The concluding remarks are indebted to Scharpf, note 12 at 16–18. 116 See Scharpf, note 12 at 12–13.
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Austrian Law Journal Volume 1/2015
Title
Austrian Law Journal
Volume
1/2015
Author
Karl-Franzens-Universität Graz
Editor
Brigitta Lurger
Elisabeth Staudegger
Stefan Storr
Location
Graz
Date
2015
Language
German
License
CC BY 4.0
Size
19.1 x 27.5 cm
Pages
188
Keywords
Recht, Gesetz, Rechtswissenschaft, Jurisprudenz
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