Gill in Brussels? Towards (re)locating new constitutionalism

A number of scholars draw on Gill’s new constitutionalism as they engage and critique the outcomes of what is viewed as a neoliberal shift toward new legal norms in policymaking and regulation. This article takes a closer look at the unique constitutional configuration of the European Union and demonstrates that while this environment is the quintessence of a new kind of constitutionalism, it is one considerably different from Gill’s. The focus is on the European Court of Justice, one of the loci of constitutionalization, and, given the logics brought to bear, a prime site for analysis. It thus attempts to show that new constitutionalism is better treated as a multidimensional construct, and calls for its reconceptualization outside of the mainstream understandings.