This article aims to define the legal infrastructure for the European constitutional dialogue. The path of progressive constitutionalization of the European Union today faces a dilemma: how to reconcile the Union’s constitutional form with its pluralistic substance, being the 2004 Treaty establishing a Constitution for Europe and the Charter of Fundamental Rights of the European Union respectively, the first failed and the second a partial solutions to the dilemma. This article claims that the future of European constitutionalism will depend on the ability to provide reliable and effective legal forms (not just political or social) to this constitutional dialogue. In its second part, the article analyses three main dialogic dimensions (judicial, political and societal) with corresponding legal instruments, treating the European Union as a 3-D constitutional space. The final remarks are about the meta-legal conditions that make this dialogue effective, that is, factors able to transform the potential infrastructure of a European constitutional space into a real one.
Europe as a ‘3-D’ Constitutional Space: The Need for an Infrastructure’ of the Constitutional Dialogue / A. Simoncini. - STAMPA. - (2012), pp. 201-227.
Europe as a ‘3-D’ Constitutional Space: The Need for an Infrastructure’ of the Constitutional Dialogue
SIMONCINI, ANDREA
2012
Abstract
This article aims to define the legal infrastructure for the European constitutional dialogue. The path of progressive constitutionalization of the European Union today faces a dilemma: how to reconcile the Union’s constitutional form with its pluralistic substance, being the 2004 Treaty establishing a Constitution for Europe and the Charter of Fundamental Rights of the European Union respectively, the first failed and the second a partial solutions to the dilemma. This article claims that the future of European constitutionalism will depend on the ability to provide reliable and effective legal forms (not just political or social) to this constitutional dialogue. In its second part, the article analyses three main dialogic dimensions (judicial, political and societal) with corresponding legal instruments, treating the European Union as a 3-D constitutional space. The final remarks are about the meta-legal conditions that make this dialogue effective, that is, factors able to transform the potential infrastructure of a European constitutional space into a real one.I documenti in FLORE sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.