The Law in the Process of Constitutionalizing Europe

Abstract

Section 3. The reference there to the notion of governance as a concept covering analytically extra-legal, quasi-institutional arrangements is so far only descriptive. The prescriptive dimension, to which the term "constiutionalisation" points, will have to be elaborated much further. The perspective this paper already pursues will, however, remain the same: "Constitutionalisation" comprises an understanding, which I try to follow (Habermas, e.g. 1998, 58 ff., 113ff.; 2001a; 2001b), both individual liberties and the rights of citizens to political participation. This is why the impact of Europeanisation and globalisation on the configuration of the economic system, the institutionalization of the welfare state and labour market are of "constitutional" importance. They affect profoundly the balance of private autonomy and political rights. I have little hope that the so-called "Convention Method" will provide us with more than partial response to these challenges which Europe faces in the process of its constitutionalisation. Nor should the Charter of Fundamental Rights be expected to resolve these issues.-All this is to say: this essay requires further elaboration. Critical comments continue to be welcome

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