Still Towards ‘an Ever-Closer Union’? Rise, Decline and Transfiguration of the Planungsverfassung Argument in the Interpretation of Union Law

In a decade of multiple crises, the European Union seems uncertain about its own destiny, as the integration through law project exposes multiple ragilities and the integration proceeds fast, yet randomly, due to the several incumbent emergencies. This work aims to uncover the origins of a doctrine – the Planungsverfassung, or ‘constitution-to-be’ – that has given overwhelming force to the ‘original intent’ argument in the interpretation of Union law to endow the latter with applicative priority vis-à-vis national law. The key benefit this concept offers is to elucidate the ties between the political-constitutional settlements reached within the Member States after World War II and the gradual implementation of the European project. This insight may contribute to a better understanding of the increasing constitutional conflicts that perturb the Union, especially as the Court of Justice wishes to severe the link with the national constitutions as both repositories of conceptual tools and sources of authority. In this regard, claims for a value-based primacy are accounted for in light of the transfiguration of the Planungsverfassung construct, as a result of which textual arguments bringing morally-neutral elements to Union law are being gradually marginalised.