Ideja europskoga ustava
In: Politicka misao, Band 39, Heft 4, S. 3-10
The author analyzes the feasibility of the call for a European constitution. It is thought that there is something that may be called European constitutional principles, as defined in various agreements, & also a legal & institutional system that derives its validity & viability from those agreements. Although the Treaties of Rome do not include an explicit catalogue of fundamental rights, they nevertheless guarantee four economic freedoms: those of the movement of people, goods, capital, & services. However, the character of the European Union as a legal community is based on individual constitutions. Two questions arise from this: (1) The member countries remain the masters of the integration, which makes the EU more similar to the late medieval legal condition of partial juridization of political rule than a community with a modern constitution. (2) The European Union does not have pouvoir constituant. This fact has been criticized by the advocates of the idea of a European constitution who think that the EU needs a constitution to establish & maintain links among its citizens. According to them, this would represent the initial impetus for the political community. The author concludes that a European constitution could pave the way for the institutions that create a feeling of togetherness or unity of the citizens. On the other hand, one should not expect anything less. Adapted from the source document.