Un análisis constitucional sobre la propuesta de la comisión europea de revisión del marco de gobernanza económica de la ue:a propósito de la ficticia dicotomía capitalismo político-ordoliberalismo remozado

Abstract

The aim of this paper is to address the review of the Stability and Growth Pact proposed by the European Commission at the beginning of 2020, and given concrete form in the guidelines presented in November 2022, from its connections with the general decision that underpins the juridical-constitutional order of the Union and the material of internal Laws, namely: the depoliticisation of the economy, the free movement of capital and the financialisation of States, the social integration in the dynamics of the market and the absence of democratic management of the economy. From this premise, the EU-States-economy relation leads us to a systemic reflection and not merely a description of the timeframe of the debates and political declarations that have followed one after another since the announcement of the intention to revise supranational macro-economic legislation. Specifically, it is a question of assessing whether the references to greater supranational fiscal capacity and greater national ownership of budgetary policies imply a recovery of the political direction of economic processes, the moment of re-politicisation of economic and financial capitalism, or whether, on the contrary, they represent the consolidation of the withdrawal of politics from the market, the continuity of the unconditional guarantee of the latter in line with the strengthening of national and European fiscal authorities, institutional mechanisms par excellence of the ordoliberal regulatory state.