ABSTRACT
This chapter explores from Koskenniemi the distinction between the two constitutional mindsets, the Kantian and the managerial. It shows that both mindsets are related internally and inferentially to one another in a dialectical way. The economic crisis, and in particular the banking crisis can no longer be displaced by the budget crisis. As a consequence, the long latent crisis of political legitimization suddenly becomes manifest. The national state looked like the big winner after the outbreak of the global economic crisis in autumn 2008. Once the money comes to an end, the state loses the power to enforce the legislative will of democratic majorities. The ordoand Neoliberals had such a plan, and it worked, even if finally with catastrophic results. For the first time a European public is emerging that has already made Europe a topic around every table and in every family. The last elections to the European Parliament for the first time were performed as real campaigns.
