Modern republicanism must be distinguished sharply from ancient republicanism and modern liberalism. Modern republicanism is strongly restricted in Europe due to the constitutional hegemony of ordo- and neoliberalism. Therefore, Europe is running out of democratic alternatives on both, the national and the transnational level. This is a challenge for the entire Western legal tradition. During a lasting period of multiple crises the new prevalence of private over public law became evident, and as a result democracy became façade democracy. However, at the same time technocratic incrementalism no longer is a solution because it destroys the legitimatory basis of European. But is the legitimation crisis a last chance – or is it already the catastrophe?