United States and the European Union – Basic (Pre-) Constitutional Differences

Data wydania
Tytuł czasopisma
Tytuł tomu
Oficyna Wydawnicza AFM
"Just after the Convention on the Future of Europe started its proceedings which led to the Treaty establishing a Constitution for Europe (often called European Constitution) the American example started being invoked by supporters of the Convention efforts as historical evidence that a wide and diverse group of states may successfully unite in order to achieve the status of a global power. The Treaty was drafted in 2003 and then amended by Member States leaders’ a year later, but it was not given a chance to prove its ability to unite European nations, as it was rejected in popular votes in France and Netherlands in 2005. However, the very text of the Treaty became the base for the new one, called this time the Reform Treaty, agreed at the end of previous year in Lisbon and supposed to enter into force at the beginning of 2009. Even main framers of the European Constitution admit that the new Treaty “is the same as the rejected constitution”, only changed in order to avoid any associations with word “constitution”, blamed for defeat. It is the aim of this article to explain why the European Union should seek its own way of building constitutional order, restraining from any state-like ambitions, among them looking up to the United States for an example to follow. "(...)
Słowa kluczowe
Krakowskie Studia Międzynarodowe 2008, nr 1, s 229-240.
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