Le pouvoir constituant européen

Abstract : The expression « European constituent power » seems to contain an insuperable contradiction, insofar as it associates a notion that has been created in the framework of the State with an entity lacking in this quality. The fact that constitutionnalization of Community legal order, which follows from the initial functionalist method, developped itself without any recourse to constituent power, is particularly emblematic. Similarly, the process that has lead to the adoption of the treaty establishing a constitution for Europe cannot be considered as the manifestation of constituent power. However, the concept of constituent power does not seem indissolubly linked to the State, which is only the historical framework in which this concept came into existence. The analysis of the key notions of the general theory of State shows that this concept can be transposed out of the State field. These learnings allow us to foresee the manifestation of a constituent power of the European people. Restoring citizens?right to adopt the founding norm of the Community legal order might constitute a way to reduce the demoratic deficit of the European construction.
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Gaëlle Marti. Le pouvoir constituant européen. Droit. Université Nancy 2, 2008. Français. ⟨NNT : 2008NAN20008⟩. ⟨tel-01752717⟩

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