Abstract:

Although the founding treaties of the European Communities were not declared as the founding treaties of a legal community, they had the features of a constitution from the beginning onward. The constitutional features of the founding treaties were concrete facts especially regarding principles of state of law included in the treaties. But the order of law that stemmed from the current founding treaties was complex. That development came into being without the will of the European peoples. The ultimate goal of the EU Constitution today is to complete the process of constitutionalization with the contribution of the European peoples. The more the constitution stresses upon the priority of law, democracy, fundamental rights, freedoms as constitutional principles and the more it shapes institutional structure on democratic foundations, the faster the constitutionalization process will be complete and the discussion about the legitimacy of the EU will come to an end. That will make the acceptance of the EU law beyond any doubt.    

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