The European Constitution: past and future

Abstract

Does Europe need a Constitution? This is the question that has attracted the attention of observers of the European scene, especially lawyers and political scientists, ever since the debate over Giscard d'Estaing's draft Constitution revived public interest in the European project. The general consensus is that the European Union needs a Constitution because it does not have one in the yes sense of the term. This paper will evaluate whether or not the living Constitution upon which the Union is based, the product of the interaction between the Treaties and the case-law, meets the functional and formal criteria that are understood to universally define Constitutions in a politico-democratic context.