When the law shapes the economy: what the economic constitution reveals

Are our constitutions already 'pro-market' without us being fully aware of it? This is what a study conducted by Guillaume Grégoire, a lawyer and specialist in economic law at the University of Liège, reveals. By analysing legal texts and case law, he demonstrates that the economic order is not as freely shaped by politics as we think. 

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hen we think of the Constitution, we imagine rules that guarantee fundamental freedoms and regulate the actions of the State. But what if these fundamental norms also silently guided our economic models?  This is the premise developed by Guillaume Grégoire, a researcher at ULiège, in his recently published book La Constitution économique. Enquête sur les rapports entre économie, politique et droit (The Economic Constitution: An Investigation into the Relationship between Economics, Politics and Law). The book is based directly on his doctoral thesis in law, a rigorous piece of research that earned him the 2024 Carbonnier Prize.

Far from being an abstract theory, his work highlights a very tangible reality: national constitutions and European treaties contain an implicit vision of the economy, often favourable to the market, which is gradually establishing itself as a rigid framework that is difficult to overcome.

"Traditionally, these texts are thought to be relatively neutral, allowing each government to choose between a liberal or interventionist economy," explains Guillaume Grégoire. "But when we revisit these texts through the decisions handed down by the constitutional courts in France, Germany and Belgium, we see that certain fundamental rights, such as freedom of enterprise and the right to property, tend to be placed above others, such as the right to work or housing. This observation is generally accepted but justified by the 'nature' of these social rights. However, a more detailed analysis of the reasoning and justifications put forward casts doubt on this argument and, on the contrary, reveals a certain influence of the dominant economic framework on the legal actors who are the judges responsible for interpreting the European constitutions and treaties."

The Court of Justice of the European Union, in particular, tends to translate any social or legal debate into terms of "competition", "market" or "economic efficiency". As a result, even protective or redistributive public policies can be called into question if they interfere with the proper functioning of the market. "This economic enclosure, as I tend to call it, is neither total nor intentional, but it does de facto limit the room for manoeuvre of governments and democratic debate. The economy is thus gradually being enshrined in law, outside the traditional political sphere."

A call to repoliticise the economy

Beyond legal analysis, the issue is a democratic one. Guillaume Grégoire is not advocating for any particular economic vision, but rather for economic choices to once again become subjects of political and civic debate. His future postdoctoral project, for which he has just been awarded a research grant from the F.R.S.-FNRS, will focus on economic democracy, or how citizens and workers can regain control over major economic policies. "By understanding that the law is not neutral but conveys ideas and power relations, everyone can become a more informed participant in public debate. Far from being a matter for experts, the economic constitution concerns us all."

Scientific reference

GREGOIRE Guillaume, La Constitution économique. Une enquête sur les rapports entre économie, politique et droit, Classiques Garnier, Bibliothèque de la pesée juridique, June 2025.

Contact

Guillaume Grégoire