مرکز منطقه ای اطلاع رساني علوم و فناوري - What Type Of Constitution EU Needs? An Analysis of the Constitutionalization Problems Within The European Union

Abstract :

This article examines constitutional activities within the European Union since its establishment as European Coal and Steel Community and different perspectives on how the EU would increase its legitimacy through a constitution. After the amendment of the old Constitutional Treaty of Rome with the Treaty of Lisbon, which entered into force on 1 December 2009, it seems that EU still needs more solid ground for a stable future from the aspect of judicial, economic and social challenges. Detailed analysis on the European Constitution is made by paying a special attention to the opinion of the representative of Critical Theory Jürgen Habermas and those who comment on his pro-constitutional attitude. Current debt crisis revealed the lack of closer cooperation regarding the economic policies and the lack of fiscal union among the EU members. EU is still having problems to adjust its system into parliamentary democracy with a failed attempt to create a single constitution for a divided Europe. The Treaty of Lisbon could be regarded as a transition document that would answer immediate needs. However, considering contemporary problems within the EU, it is still far from accomplishing the eventual target of the European Union.