The Problem of Constitutionalization of the European Union

Abstract

The objective of this article is to demonstrate the issue of the constitutionalisation of the European Union, both in historical context and in consideration of the legal and political arguments that have emerged in the debate on this subject. The concept of a European constitution emerged as early as the nineteenth century, but it was only in the twentieth century that it gained significant traction, with federalist organisations advocating for its adoption. However, it was not until 2004 that the Treaty establishing a Constitution for Europe was signed within the framework of the European Union. It did not enter into force, however, due to the negative results of the ratification referendums in France and the Netherlands. In addition to a historical analysis, the article presents arguments as to why it is challenging to adopt a constitution within the European Union. Primarily, the argument concerning the absence of a European demos is addressed. Furthermore, the article elucidates the diverse perspectives on the constitutionalisation of the EU, and highlights the rulings of the European Court of Justice, which has referred to the extant founding treaties as a constitutional charter.