El poder constituyente europeo

Abstract

The presented paper aims to contribute to the current constitutional debate within the European and American scholarly. Our starting point stands in the duality existed within the European Primary Law. On the one hand acting in practice as a supreme norm, a constitution itself; and on the other hand being created as an ordinary treaty under the Public International Law rules. This duality present a serious damage to the principle of Supremacy of EC Law upon National Constitutions, as well as to the principle of people sovereignty, which, in our view, calls for a change in the Constitutional power logic. Secondly we analyse the current diplomatic logic, focusing in the negative externalities produced in the Nice treaty. Lastly we conclude claming the need to take advantage of the 2004 Intergovernmental Conference in order to create a European constitutional power in balance with the European constitutional needs.