Dr. Fritz Scharpf
I had cause to look at, I have not yet finished the following paper, “The asymmetry of European integration, or why the EU cannot be a ‘social market economy’”. written by Dr. Fritz Scharpf, a German Academic who finished his working career as the Director at the Max Planck Institute for the Study of Societies (MPIfG), in Cologne.
The paper’s abstract says,
Judge-made law has played a crucial role in the process of European integration. In the vertical dimension, it has greatly reduced the range of autonomous policy choices in the member states, and it has helped to expand the reach of European competences. At the same time, however, ‘integration through law’ does have a liberalizing and deregulatory impact on the socio-economic regimes of European Union member states. This effect is generally compatible with the status quo in liberal market economies, but it tends to undermine the institutions and policy legacies of Continental and Scandinavian social market economies. Given the high consensus requirements of European legislation, this structural asymmetry cannot be corrected through political action at the European level
This would seem to be a recurring theme in his work form the title’s of other published works where he seeks to draw similar lessons from the study of the German constitution also.