Lunch seminar with Maciej Krogel

'The theory of constitutional pluralism and the European Union's responses to the rule of law crisis

How the notion of constitutional pluralism applies to the European Union’s response to the rule of law crisis? It is rather a common-sense belief that concepts such as heterarchy of legal orders and non-absolute primacy of EU law make the pluralist theory outdated in the time of illiberal national politics. At best, this theory could serve to criticize illegitimate constitutional claims, or to delineate the limits for national or supranational excesses. The paper revisits Neil MacCormick’s works on constitutional pluralism in order to trace ‘the roads not taken’ in the subsequent ‘pluralist movement’ in the European constitutional scholarship. In this way the paper aims to understand why we consider the pluralist theory useless today, and how particular pluralist ideas and discourse resonate in the current EU response to illiberalism.

Speaker bio

Maciej Krogel is a lecturer in European law at the Faculty of Humanities, University of Amsterdam, PhD researcher at the European University Institute in Florence, and fellow in the ‘Re:constitution’ Programme. He is an editor of the European Journal of Legal Studies. He has lectured European Union law and comparative law at universities in Belgium, Denmark, Italy and Portugal. His primary research interests are constitutional theory, constitutional law of the European Union, and the political and social roles of legal scholars.

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