The debate on public economic law in Europe at the end of the “short 20th Century” was undoubtedly marked by the presence of two “paradigms” - the Regulatory State and the Economic Constitution - by which we have tried to give an account of a broad movement of renewal in the discipline of economic matters, as well as in administrative organization, forcing them into a single verbal expression, in a single phrase (both descriptive and normative). The interdependence of the market and the state can never have been as obvious as in the years since the financial crisis of 2008. The previous 30 years had been the years of deregulation, of reliance on the dispersed wisdom of unfettered markets, and of the ‘rolling back’ of the state. Yet when markets proved unable to provide not merely social justice but also economic stability and solvency, it was the state that was called to the rescue. This was followed by the sovereign debt and banking crises in the eurozone, emphasizing fiscal constraints on government and the need for cooperation between states to prevent financial collapse. In this paper we propose to use the term “paradigm” in both of the meanings in which it was used in the famous work by Thomas Kuhn on Structure of Scientific Revolutions. In particular, the notion of economic constitution seems largely similar to what Kuhn defines as “disciplinary matrix”, that is “what some members of the scientific community have in common, that is the set of techniques, models and the values to which members of the community more or less consciously adhere.” Both the notion of the regulatory State and the notion of economic constitution seem, however, to refer to an element of discontinuity in the scientific tradition of public economic law, a gap that could be due to the widespread awareness in the Italian doctrine, at least from the early 1990s, of facing a quid novi - compared to the traditional reading of constitutional statements on economic matters - represented by the European economic constitution. The relationship with European Community law, with its opening of markets and the transformation resulting from the broader phenomenon of globalization of law, have marked the definitive loss of the connection between the law of the state and territory. This discontinuity is not to be understood as trivial, linear or as a diachronic succession of one paradigm to another, such as might suggest the idea of a transition from the interventionist State to regulator State and, again, as a result of past events related to the international financial crisis, to a “savior State”. Moreover, the quality and quantity of public intervention in the economic field seem to depend more on long term cyclical dynamics than on an evolutionary or non-linear path, according to recurring historical events.

Costituzione economica e trasformazioni del modello sociale europeo nella crisi dell'euro zona / Miccu, Roberto. - STAMPA. - (2017), pp. 177-203.

Costituzione economica e trasformazioni del modello sociale europeo nella crisi dell'euro zona

Miccu, Roberto
2017

Abstract

The debate on public economic law in Europe at the end of the “short 20th Century” was undoubtedly marked by the presence of two “paradigms” - the Regulatory State and the Economic Constitution - by which we have tried to give an account of a broad movement of renewal in the discipline of economic matters, as well as in administrative organization, forcing them into a single verbal expression, in a single phrase (both descriptive and normative). The interdependence of the market and the state can never have been as obvious as in the years since the financial crisis of 2008. The previous 30 years had been the years of deregulation, of reliance on the dispersed wisdom of unfettered markets, and of the ‘rolling back’ of the state. Yet when markets proved unable to provide not merely social justice but also economic stability and solvency, it was the state that was called to the rescue. This was followed by the sovereign debt and banking crises in the eurozone, emphasizing fiscal constraints on government and the need for cooperation between states to prevent financial collapse. In this paper we propose to use the term “paradigm” in both of the meanings in which it was used in the famous work by Thomas Kuhn on Structure of Scientific Revolutions. In particular, the notion of economic constitution seems largely similar to what Kuhn defines as “disciplinary matrix”, that is “what some members of the scientific community have in common, that is the set of techniques, models and the values to which members of the community more or less consciously adhere.” Both the notion of the regulatory State and the notion of economic constitution seem, however, to refer to an element of discontinuity in the scientific tradition of public economic law, a gap that could be due to the widespread awareness in the Italian doctrine, at least from the early 1990s, of facing a quid novi - compared to the traditional reading of constitutional statements on economic matters - represented by the European economic constitution. The relationship with European Community law, with its opening of markets and the transformation resulting from the broader phenomenon of globalization of law, have marked the definitive loss of the connection between the law of the state and territory. This discontinuity is not to be understood as trivial, linear or as a diachronic succession of one paradigm to another, such as might suggest the idea of a transition from the interventionist State to regulator State and, again, as a result of past events related to the international financial crisis, to a “savior State”. Moreover, the quality and quantity of public intervention in the economic field seem to depend more on long term cyclical dynamics than on an evolutionary or non-linear path, according to recurring historical events.
2017
Servizi pubblici, diritti fondamentali, costituzionalismo europeo
9788863429763
costituzione economica; modello sociale europeo; crisi eurozona; diritti fondamentali; crisi economica
02 Pubblicazione su volume::02a Capitolo o Articolo
Costituzione economica e trasformazioni del modello sociale europeo nella crisi dell'euro zona / Miccu, Roberto. - STAMPA. - (2017), pp. 177-203.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11573/969576
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