TY  - JOUR
T1  - La Constitución europea tras el Consejo Europeo de Bruselas y el Tratado de Lisboa
A1  - Balaguer Callejón, Francisco
PB  - Junta de Andalucía: Instituto Andaluz de Administración Pública
YR  - 2007
UL  - http://biblioteca.ararteko.eus/Record/dialnet-ar-18-ART0000202112
AB  - In this work the author analyses the last developments of the European "constituionalization" process from the point of view of the need of advance in this process. There are two kind of complementary reasons for the European advance in political integration and constitutional development. These reasons are internal and external. The external reasons show that is impossible to think that self management of the national interest will be efficient in two or three decades. The political integration is requisite to make possible that Europe could carry out a common management in the global context. There are also internal reasons, because the increase of the political integration will be incompatible with the European democratic culture unless it goes with constitutional mechanism of control and accountability. The Brussels European Council (21/22 June 2007) and the Reform Treaty, elaborated from this Council, have produced a paradoxical situation: on the one hand, this new Treaty includes contents of the Constitutional Treaty; on the other hand, the word "Constitution" has been erased. We have moved from a Constitution with form of a Treaty to a Constitution with name of a Treaty. The conclusion, that we can reach, is not very pleasing for European Institutions: or the Constitutional Treaty was not a Constitution and the Institutions wanted that we considered it as one, or the Reform Treaty it is a Constitution and the Institutions want us to consider it as a simple Treaty. Because it is completely impossible to think that the same constitutional contents could be and could not be a Constitution at the same time. The politic, also the European politic, could not go so far. This work analyses the extent of the changes, which have been introduced by the new Treaty in relationship with the Constitutional Treaty. The author remarks the irrelevant character of these changes from the point of view of considering the Reform Treaty or Treaty of Lisbon as "Constitution". There are terminological changes, which do not have an effect on the essence of the previous Constitutional Treaty. Anyway, although the positive conclusion related to the constitutional essence (in connection with the Constitutional Treaty), it is noteworthy the backward movement that implies the method of elaboration and adoption of this new Treaty, from the point of view of transparency and democratic legitimacy of the Union. The author indicates also that the constitutional crisis has become into a European crisis of identity, because the constitutionalization process is the unique instrument that allows advancing to integration process, which is even more needed. If this process is place in doubt, it will be also arguing about the European democratic and constitutional culture and about the possibility to transform Europe into something more than a free trade zone. ¿What can be offer to the Europeans in order to build a European Identity but a constitutional and democratic order? It is logical that the following fundamental step of the Union should be an authentic Constitution, not only because of its content but also because its form. This Constitution should be an expression of the European citizens' will, not of each national citizenship, not of a fragmented citizenship, but a European Union citizenship. The present reform could give a solid constitutional base to pass from a material Constitution to a European formal Constitution.
KW  - Derecho Constitucional Europeo
KW  - Tratado de Lisboa
KW  - European Union
KW  - European Constitution
KW  - European Constitutional Law
KW  - Treaty of Lisbon
KW  - Unión Europea
KW  - Constitución Europea
ER  -