The Poverty of Militant Doctrinal Constitutionalism in the European Union

Almost seventy years ago, Bertolt Brecht published a poem in which he ironised the communist party discontent with the attitude of German workers. The poet wrote that instead of trying to get back the support of the people would it not ‘be simpler for the government to dissolve the people and elect another?’. Reading the recent comments of EU law scholars on the provisional acceptance of Poland’s recovery and resilience plan, one might similarly ask ‘would it not be better if law professors dissolved the Union and created another one?’