This introductory chapter assesses whether there is a European constitution. When examined in the light of the broader historical tradition, the European Union has a constitution. And this view firmly corresponds to the self-understanding of the European legal order. The ‘real’ problem of the European Union is not whether there is a European constitution, but rather that there is ‘too much constitutional law’; the European Treaties alone contain 413 articles. Length is unfortunately not the only problem of the European constitution, for unlike more mature legal orders, the European constitutional order still struggles with its ‘vocabulary’. The semantic confusions are partly the result of the constant legal revolutions within the European Union. This book then aims to reflect the judicial and legislative practice of the Union as at October 31, 2020. It provides a guide through the most important theories and realities of the European Union law.
Chapter
1. Constitutional History
From Paris to Lisbon
Book
Robert Schütze
European Constitutional Law uses a distinctive two-part structure to examine the legal foundations and powers of the European Union. The text takes a critical approach to ensure awareness of the intricacies of European constitutional law. Part I looks at the constitutional foundations including a constitutional history. This part also looks at the governmental structure of the European constitution. Part II moves on to governmental powers. It looks at legislative, external, executive, and judicial powers. It ends with a study of limiting powers and EU fundamental rights.
