Consideraciones sobre la naturaleza jurídica del Tratado "Constitucional" de la Unión Europea

Abstract

The object of analysis in this article is the treaty by which a Constitution for Europe is instituted, built by the European Convention and presented to the European Counsel of Salónica on June 20th, 2003. It’s debate began at the open C.I.G. in Rome on October 4th; the failure of the Brussel’s Summit on December 13th of that same year caused that the concensus of all member States, twenty-five, for its aprobation, not be reached until the Brussels’ Summit of June 18th 2004, once in March the negotiations were no longer blocked. This study has been made under the parameters of democratic theory of the constituent power and to the light of the principles of modern constitutionalism that forbid to use the name of the Constitution in vain, and let’s us sustain that the European Union’s new norm is still an International Treaty that reforms the Nice Treaty of the year 2000.