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THE EUROPEANISATION OF NATIONAL CONSTITUTIONS IN THE CONSTITUTIONALISATION OF EUROPE: SOME OBSERVATIONS AGAINST THE BACKGROUND OF THE CONSTITUTIONAL EXPERIENCE OF THE EU-15
Monica Claes
Sažetak
In the process of European integration, national constitutional law remains
crucial, in several respects. The EU Constitution, in its broadest sense, builds on the
common constitutional traditions and principles of the Member States, and EU law refers
back to national constitutional law in many ways. National constitutional law contributes
to constitutionalising the EU, to give it legitimacy, and to ensure that the EU and the
Member States as its agents continue to comply with fundamental constitutional
requirements, such as the rule of law, democracy and accountability, and the protection
of fundamental rights. Also, from the national perspective, national constitutional law
remains essential, since it provides the foundation of membership of the EU, it is decisive
for the procedures to be followed when powers are transferred at times of accession and
Treaty amendment, and it serves to provide the connection between the national and the
EU legal orders. Participation in the EU requires adaptation of the national
constitutional arrangements, and national constitutions should not be neglected in the
process of the constitutionalisation of Europe. This paper looks into the national
constitutional experience of the EU-15 with the EU and asks whether lessons can be
learned for candidate countries.
Ključne riječi
Hrčak ID:
28544
URI
Datum izdavanja:
2.11.2007.
Posjeta: 1.907 *