Altneuland: The European Constitutional Terrain It is in many respects a New Land - for the first time the Union is openly, officially using the word Constitution in its formal self-understanding. But this, in turn, places it, at least lexically, in the age old terrain of constitutionalism which...

In this essay, it is argued that legal and political argument on the European constitution requires putting forward a normative conception of the constitution. Next to the formal and material understandings of the constitution, there is a need for a conception that determines the legitimacy...

In this paper the relationship between constitution and state is analysed. The EU's constitutional structure is evaluated according to three ideas of constitutionalism: the evolutionary or functionalist idea; the power-binding idea; and the power-establishing or revolutionary idea. It is found that...

Joseph Weiler's Un'Europa Cristiana argues that there should be an explicit reference to the Christian roots of European identity in the Preamble of an eventual European Constitution. Such a claim requires discussing the groundings of European identity, its relation with personal and collective...

The paper deals with certain questions and problems of the constitutionalization of the European Union which did not receive very much attention from the Convention on the Future of Europe and from the observers of that Conventions work, but which, nevertheless, may be relevant whenever the...

Abstract: The European Security and Defence Policy (ESDP) is understood as an important new "instrument" in the EU's Common Foreign and Security Policy (CFSP) "toolbox", designed to respond to the contemporary security environment as well as to overcome the inaction and hesitancy of the past....

These reflections address two tasks prompted by current controversies concerning whether the EU needs a written constitution. Normative considerations do not seem to require a constitution now – nor does such a constitution appear illegitimate in principle, hence it is normatively permissible...

After consecutive treaty amendments during the 1990s, the EU looks set for a conclusive revision through the process embodied by the Convention. Is the EU approaching what Joscka Fischer has coined the finality of European integration? This paper discusses the prelimininary results as well as...

This paper examines the Convention on the Future of Europe in terms of whether its work bears the imprint of a constitutional treaty or a constitution proper. Two constitutional visions for the EU are presented - deep diversity and constitutional patriotism - and assessed in relation to the...

The negative referendum results in France and the Netherlands have been construed as signs of a deep gap between the European Union’s leaders and its people(s). Treaty-making/change in the European Union has historically been conducted through an intergovernmental, executive-style approach,...