From Economic to Symbiotic Constitutionalism: A Belated Post-Lisbon, Post-Crisis Transformation?

Abstract

This article departs from the traditional portrayal of the relationship between economic and social constitutionalism as an antagonistic pair in a never-ending struggle. Instead, it propounds a more conciliating thesis in light of the post-Lisbon and ongoing developments at EU level, which have advanced social constitutionalism further. This line of argument is better explained by the concept of symbiotic constitutionalism, which aims at keeping its economic and social components in balance. Symbiotic constitutionalism gives effect to the social market economy paradigm introduced by the Treaty of Lisbon and acknowledges the incremental socialization of the Union, reawakened in the aftermath of the crisis. Finally, it bestows a constitutional telos upon the EU that is not detrimental towards its economic and social components. These are no longer pitted against each other, but understood as a complementary pair.