EU constitutionalism as a method of developing integration in times of crisis

The aim of this article is to show the constitutionalism of the EU in the first decades of the 21st century, i.e. after the failure of the Treaty establishing a Constitution for Europe. During the period of permanent crises in the European Union, this was the main method of developing European integration. The constitutionalism of the EU departed from the traditional formula of adopting treaties by unanimous consent of the Member States. Instead, it was based on the creative making of new constitutional principles in Europe. The research goal is therefore to examine both this unconventional method and the new constitutional principles and systemic directions in the Union. I put forward the thesis that this constitutionalism transformed the Union into a judgeocracy, thereby increasing the democratic deficit in Europe. The basis of the study will be the scientific concept of competence creep and the post-functional theory in European studies. The study focuses on the analysis of the actions of EU institutions during the pandemic and the response to these actions in selected Member States, primarily in Poland.