THE EUROPEAN CONSTITUTION: DILEMMAS AND PERSPECTIVES
THE EUROPEAN CONSTITUTION: DILEMMAS AND PERSPECTIVES

Summary/Abstract: Generally, in Europe exists a number of academic and legal opinions that claims that European Union already has a constitution. Actually, it is not a constitution in the formally conventional sense, but rather material constitution that speaks to those social practices that are regarded as the basic norms of the European society. The Court of Justice and national constitutional courts have developed the means to determine the contents of this material constitution of the Union out of the basic constitutional materials (the founding Treaties and the common national constitutional traditions).So, it is not the Constitution in. the traditional, rather static sense of "constitution" being the legal foundation of a classical State. On this basis, the European Constitution is in the making process since the fifties of the last century. Talking about the elements and structure of the European Constitution, thus, includes the national and European level of what is seen as one composed constitutional system, serving the interests of the citizens of the member-states.

• Details
• Contents