Spending and Constitutional Power: Comparative Reflections on the US and EU

Lun, 03/21/2022 - 15:00 / 16:30

18, Via Parenzo

Speaker: Peter Lindseth , University of Connecticut

This a new project on which Prof. Lindseth is about to embark and thus seeks feedback as part of his forthcoming seminar. The project builds on his theory of the "metabolic" constitution, which posits that the true essence of constitutional power is the capacity to mobilize human and fiscal resources in a compulsory and legitimate fashion and then redirection of those resources toward ends that the governing entity defines. This new project seeks to further this idea by comparing rulings the US Supreme Court and, more recently, of the CJEU on the lawfulness of conditions attached to spending as a means of incentivizing and/or coercing behavior/policy change at the level of the member states.

There is no paper (yet) for this project. However, it builds on ideas that Prof. Lindseth has explored, together with Cristina Fasone (Luiss), in "Europe’s Fractured Metabolic Constitution: From the Eurozone Crisis to the Coronavirus Response," LUISS School of Government, SOG Working Paper 61 (October 2020), https://sog.luiss.it/research/working-papers. Further thoughts can be found in "Rule-of-Law Conditionality and Resource Mobilization – the Foundations of a Genuinely ‘Constitutional’ EU?" (again, with Cristina Fasone), Verfassungsblog (December 11, 2020), https://verfassungsblog.de/rule-of-law-conditionality-and-resource-mobilization-the-foundations-of-a-genuinely-constitutional-eu/.