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Does the european union need a constitution - Essay Example
Author : kcruickshank
Pages 20 (5020 words)
The history of attempts for giving Europe a constitution is long and encompasses some famous names including Winston Churchill who presented his vision of the United States of Europe in 1946 in Zurich. From 1952 up to the present, the European Union (EU) has made its presence felt especially regarding trade and commerce…
However, the bigger picture is, will it be integrative of them as one whole body A constitution must serve the best interests not just one or a few member states. Devanny (2004) says the debate about whether the EU should adopt a constitution has been protracted and controversial. It is both a practical debate (Does the EU need a constitution) and a more abstract debate (Is the EU the kind of entity/organisation that should adopt a constitution).
According to Murkens (2002), the European Union leaders at the Laeken summit in December 2001 had agreed to a constitutional convention headed by the former French President Valry Giscard D'Estaing to craft an EU constitution. And yet, the European Court of Justice (ECJ), the German Federal Constitutional Court, and academic commentators say the founding treaties already form a constitution. From Murkens (2002) -
"In its famous decision in Van Gend en Loos in 1963 the ECJ held that the Treaty of Rome had created a Community not only of governments but of peoples, and that the Member States had agreed to limit their sovereign rights in certain fields. A year later the ECJ established the doctrine of supremacy of Community law in Costa v. ENEL which was basically accepted by national constitutional courts. ...