The European Constitution Vs. A Constitutional Europe

The Member States of the European Union are currently in volved in a lively debate that is centered on what might be the biggest step yet towards the federalization of Europe. The 2001 Laeken Declaration states that the Member States are required to start work on the creation of a Constitution of the European Union. The adoption of the European Constitution is not likely to be accomplished without any complications. The coming about of the European Union itself has been plagued by difficulties arousing from differences in opinion between the Member States. In this essay, I will analyze two major problems of that are inherently attached to the construction of a European Constitution. In my closing statement, I will suggest improvements that may solve these problems, either in part or in full.

One of the problems that accompany the designing the European Constitution is the question of how the exact structure and contents of the Constitution are to be determined (Shaw, p. 182). The Member States are currently negotiating about these matters at Intergovernmental Conferences that are held on a regular basis. Representations of the governments of the Member States are requ

I must conclude that the creation of a single Constitution for all Member States of the European Union will be a very, very difficult undertaking. The legal implications of the existence of a Constitution that takes precedent over different National Constitutions should not be taken too lightly. In fact, they are tremendous. The Constitutional Courts of the Member States will be asked on many occasions by both institutions and individual citizens for rulings over issues that arise from violations of the National Constitution that will occur in different ways during the drafting of the European Constitution. Many of these suits will actually be connected to the particular means by which the Constitution is drafted. Quite often, it will be argued that these means are undemocratic. Therefore, I can only end this essay by suggesting that two major requirements have to be met in order to allow the drafting of a proper Constitution of Europe, and to facilitate means of drafting that are proper themselves in the first place.

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