‘There's a Brand New Talk, but it's Not Very Clear’: Can the Contemporary EU Really be Characterized as Ordoliberal?
本文检验了秩序自由主义对当代欧盟的描述是否成立，认为其影响有助于超越经济宪法范畴，理解欧盟不断演变的法律体系。
Abstract Ordoliberalism has undergone a dramatic resurgence as a characterization of the contemporary EU and its economic dimensions. Commentators have pointed to the ‘ordoliberalization’ of EU economic policy with Germany at its core, albeit with the latter taking the role of a ‘reluctant hegemon’. Perhaps as a result of this pervasive influence, some have claimed that the EU is itself ordoliberal, resting on a particular understanding of the relationship between ordoliberalism and an ‘economic constitution’. For this claim to be substantiated, the characterization of ordoliberalism needs to persist across time and the EU's law and policy‐making spaces. In this article, we examine this proposition, and argue that the influence of ordoliberalism can help a richer understanding of the contemporary EU beyond the confines of the economic constitution and into its evolving legal system(s).