The present paper will attempt to map out the current analyses of the state of crisis affecting the EU. The goal is to show that the problem of the European people, namely, how is it possible that, notwithstanding the longevity and stability of the EU, a European people – as opposed to European peoples – is yet to emerge as a concrete and active political subject has been overlooked. In order to properly assess such problem it is proposed to read the historical development of EU law through the lenses of Roberto Esposito’s philosophical framework on community, demonstrating that the cause of the non-emergence of a European people is to be found in the immunitary logic of EU law, a logic that, among other things, is turning the EU against itself and is to be identified as the root of the long decade of the European crisis.