{"title":"Reinforcing Institutional Power: The Discourse of Normalcy in European Union Governance","authors":"Petr Agha","doi":"10.1007/s40803-024-00232-5","DOIUrl":null,"url":null,"abstract":"<p>This paper examines the notion of normalcy within the discourse of the European Union (EU), with a focus on its response to transformative dynamics and challenges, especially post-2008. I analyse how the EU, facing diminishing ideological supremacy, has reinforced its institutional power through the framework of normalcy. By emphasizing constitutionalisation and integration through legal means, bodies such as the European Court of Justice (ECJ) have expanded their roles, promoting \"integration through law\" to counter alternative political projects invariably labelled as populist, thereby giving rise to anti-populism as a discursive tool. Drawing on crisis discourse and diagnostic practice, this paper explores how normalcy legitimises and perpetuates existing power structures within EU governance, subtly coercing member states and citizens into accepting its norms and values, thus shaping perceptions of normalcy and also inevitability. At the core of this framework lies the rule of law (RoL), which establishes legal boundaries in the first place, but in the same move shapes political contexts.</p><p>My paper argues that the exclusive focus on legalistic interpretations obscures the underlying structural factors perpetuating power dynamics and economic disparities among member states, constraining adaptive responses. I examine the narrative of \"growing up to democracy\" and its impact on the European project discourse, particularly in Central and Eastern European (CEE) countries. I then scrutinise the roles of experts and the “juristocracy” in reinforcing this narrative while simultaneously masking underlying inequalities and power differentials. Furthermore, the paper explores the strategic deployment of language and discourse by EU institutions during crises, highlighting their implications for public understanding, political action, and outcomes. Finally, it investigates the EU's strategic use of crisis discourse and diagnostic practices, focusing particularly on the ascendancy of the judiciary, but also highlighting how this trajectory may also have negative influence of legislative and executive bodies as their role diminishes in the process.</p>","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"287 1","pages":""},"PeriodicalIF":2.9000,"publicationDate":"2024-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Hague Journal on the Rule of Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1007/s40803-024-00232-5","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
This paper examines the notion of normalcy within the discourse of the European Union (EU), with a focus on its response to transformative dynamics and challenges, especially post-2008. I analyse how the EU, facing diminishing ideological supremacy, has reinforced its institutional power through the framework of normalcy. By emphasizing constitutionalisation and integration through legal means, bodies such as the European Court of Justice (ECJ) have expanded their roles, promoting "integration through law" to counter alternative political projects invariably labelled as populist, thereby giving rise to anti-populism as a discursive tool. Drawing on crisis discourse and diagnostic practice, this paper explores how normalcy legitimises and perpetuates existing power structures within EU governance, subtly coercing member states and citizens into accepting its norms and values, thus shaping perceptions of normalcy and also inevitability. At the core of this framework lies the rule of law (RoL), which establishes legal boundaries in the first place, but in the same move shapes political contexts.
My paper argues that the exclusive focus on legalistic interpretations obscures the underlying structural factors perpetuating power dynamics and economic disparities among member states, constraining adaptive responses. I examine the narrative of "growing up to democracy" and its impact on the European project discourse, particularly in Central and Eastern European (CEE) countries. I then scrutinise the roles of experts and the “juristocracy” in reinforcing this narrative while simultaneously masking underlying inequalities and power differentials. Furthermore, the paper explores the strategic deployment of language and discourse by EU institutions during crises, highlighting their implications for public understanding, political action, and outcomes. Finally, it investigates the EU's strategic use of crisis discourse and diagnostic practices, focusing particularly on the ascendancy of the judiciary, but also highlighting how this trajectory may also have negative influence of legislative and executive bodies as their role diminishes in the process.
期刊介绍:
The Hague Journal on the Rule of Law (HJRL) is a multidisciplinary journal that aims to deepen and broaden our knowledge and understanding about the rule of law. Its main areas of interest are: current developments in rule of law in domestic, transnational and international contextstheoretical issues related to the conceptualization and implementation of the rule of law in domestic and international contexts;the relation between the rule of law and economic development, democratization and human rights protection;historical analysis of rule of law;significant trends and initiatives in rule of law promotion (practitioner notes).The HJRL is supported by HiiL Innovating Justice, The Hague, the Netherlands and the Paul Scholten Center for Jurisprudence at the Law School of the University of Amsterdam, the Netherlands.Editorial PolicyThe HJRL welcomes contributions from academics and practitioners with expertise in any relevant field, including law, anthropology, economics, history, philosophy, political science and sociology. It publishes two categories of articles: papers (appr. 6,000-10,000 words) and notes (appr. 2500 words). Papers are accepted on the basis of double blind peer-review. Notes are accepted on the basis of review by two or more editors of the journal. Manuscripts submitted to the HJRL must not be under consideration for publication elsewhere. Acceptance of the Editorial Board’s offer to publish, implies that the author agrees to an embargo on publication elsewhere for a period of two years following the date of publication in the HJRL.