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Is there an EU constitutional order? Does any judicial opinion 'beg the constitutional question', and, if so, why?
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Week 7 Essay - Is there an EU constitutional order? Does any judicial opinion 'beg the constitutional question', and, if so, why? Introduction The creation of the European Union (EU) and the development of a body of European Community law were heralded as the birth of a new legal order. This new order would reign supreme and challenge the traditional models employed by Member States (MS). The fundamental question, however, is whether an actual EU constitutional order emerges. If such an order can be identified, then its legitimacy and the implications for MS must be explored. By tracing the judicial opinions expressed in several key cases, we will discover to what extent the constitutional question has been begged and the reasons behind such enquiry. Defining a constitutional order is a demanding task but crucial to this discussion and an excellent starting point. To a great extent, talk of a constitutional order...
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