Statecraft and the Foundations of European Union Law1

This chapter discusses the political and social philosophy of the European Union. It argues that constitutional orders are determined by historical factors encapsulated in the idea of "statecraft." It therefore places the European Union into a moment of transition from the "nation state" to the "market state." Events such as the increased harmonization of economic policies, the Single European Act, the European Monetary Union, the creation of European citizenship, and the Schengen arrangements suggest the transition from a nation-state to a "market-state" constitutional order. The argument moves from internal challenges to external ones and shows how the nature of the state is shaped by its international relations and choices. Ultimately, the European Union is viewed as a unique experiment, but also something that teaches us important lessons about statecraft in general.