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14 - The Constitutional Dimension: Centralisation, Democratisation and the Rule of Law

from Challenges of Expansion: Protection and Security

Published online by Cambridge University Press:  12 October 2023

By
András Jakab  and
Lando Kirchmair
Edited by
Mathieu Segers  and
Steven Van Hecke
Mathieu Segers
Affiliation:
Universiteit Maastricht, Netherlands
Steven Van Hecke
Affiliation:
Katholieke Universiteit Leuven, Belgium
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Summary

The constitutional dimension of the European Union (EU) has to account for the fact that the Treaty Establishing a Constitution for Europe (TECE) seems to have failed in 2005 in the Dutch and French referenda. Thus we are unlikely to have a legal document officially called a ‘constitution’ in the foreseeable future. Yet, the designation is not decisive on its own (cf. the German Grundgesetz or the Hungarian Basic Law). Treaties can also be constitutions, as the examples of Cyprus (1960, Treaty of Establishment),1 the Constitution of Württemberg (1819), the Constitution of Saxony (1831)2 and the Norddeutsche Bund (1867) show.

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Chapter
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The Cambridge History of the European Union , pp. 385 - 410
Publisher: Cambridge University Press
Print publication year: 2023

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References

Recommended Reading

Jakab, A. European Constitutional Language (Cambridge, Cambridge University Press, 2016).CrossRefGoogle Scholar
Schütze, R. European Constitutional Law, 2nd ed. (Cambridge, Cambridge University Press, 2015).CrossRefGoogle Scholar
von Bogdandy, A. and Bast, J.. Principles of European Constitutional Law (Oxford, Hart, 2011).Google Scholar

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