Workshop papers for the VIIth World Congress of the International Association of Constitutional Law W O R K S H O P N o. 4

The Constitutional Legal Nature of The European Union (The Theoretical Premises of European Constitutionality)

Prof. Karel Klíma Faculty of Law, University of West Bohemia, Pilsen, Czech Republic

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The Constitutional Legal Specialties of EC/EU in the Development The phenomenon of EC/EU needs investigating, which would use the best methods of public law and political sciences, and which would answer about the legitimity and identity of the process of European integration and at the same time would show the possibilities of further development of European Union. The complete investigation is tending now to explore the specialty of European Union as an international organisation and at the same time as an sovereign complex state, The Union cannot be stripped off the elements of national entities.

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The investigation is followed by a logic of constitutionalisation of Europe. It is a lasting dilemma, whether a new multilateral pact or constitution accords to the situation. However, the conception of the possible constitution has established itself mainly because of the fact, that the present character of EU makes the Union to be a complex system of usual constitutional legal elements. The review of the normative basis of the law of European Union enables to find out its constitutive elements, or those elements, which have already partially become the substantive material legal content of the Constitution of the European Union. The considerings should also present broad public legal character of European Union. The development of the investigation of constitutional legal aspects is the constitutional problematics of the present and mainly the future. It creates pillars, which respect national identities and are generating new divisions of competencies. The Union is not a finished system. It is a system, which depends on the