The Rise and Fall of the European Constitution

Acknowledgements
Table of Contents
List of Contributors
1. Introduction
2. From the Years of the Convention to the  Years of Brexit. Where Do We Go from Here?
	I. The Cautious Mandate to the 2002 Convention
	II. In the Convention the Lost Battle of the Federalists
	III. 15 Years Later is it Time for a New Convention?
	IV. Again Federalist and Functional Views Facing Each Other
	V. On Behalf of the Functionalist View
	VI. The Case of the Eurozone and the Prospect of a Multi-cluster Europe
	VII. Brexit and the Lost Benefits of a Multi-cluster Europe
3. Constitutionalisation without Constitution: A Democracy Problem
	I. The Treaty Establishing a Constitution for Europe – Treaty or Constitution?
	II. The Distinction between Constitutional and Ordinary Law as a Precondition of Democracy
	III. Constitutionalisation of the Treaties through the Jurisprudence of the European Court of Justice
	IV. The Democratic Costs of Over-constitutionalisation
	V. The Remedy: Re-politicisation by De-constitutionalisation
4. The EU’s Constitutional Moment: A View from the Ground Up
5. Treaty Amendment, the Draft Constitution and European Integration
	I. Constitutional Treaty: Rationale for the Convention
	II. Convention on the Future of Europe: Emergence of the Draft Constitutional Treaty
	III. European Integration: The Significance of the Constitutional Treaty
	IV. European Integration: Present Challenges
	V. Conclusion
6. The European Constitution and Europe’s Dialectical Federalism
	I. Introduction
	II. The Dialectical Tension
	III. A Federation Out of Reach: The European Constitution
	IV. The Future of Federalisation: A Return to the Past
7. The Two Europes
	I. Two Visions of Europe
	II. The Grand Bargain and the Draft Constitution
	III. Conclusion
8. The Competence Catalogue in the Treaty Establishing a Constitution and the Treaty of Lisbon: Improvement, but at a Cost
	I. Introduction
	II. The ‘Competence Problem’
	III. The ‘Competence Solution’: The Treaty Establishing a Constitution
	IV. The Treaties as Amended by the Lisbon Treaty
	V. Practice Since the Reforms were Put in Place
	VI. Evasion
	VII. The Eurozone
	VIII. The Case for, and Possible Patterns of, Reform
	IX. Conclusion
9. The Charter of Fundamental Rights and the EU’s Shallow Constitutionalism
	I. The EU’s Institutional Constitution between ‘Deep’ and ‘Shallow’ Constitutionalism
	II. The Principle of Limited Government and the Charter of Fundamental Rights
	III. First-order versus Second-order Constitutional Principles of the EU
	IV. The Principle of Federalism
	V. Individual Liberty
	VI. Brexit and the Charter of Fundamental Rights – The N.S. Case
	VII. Conclusion
10. The EU Constitution, Sovereignty and the Problem of Primacy
	I. Introduction
	II. Sovereignty
	III. The Problem of Kompetenz-Kompetenz
	IV. The Pre-DCT Cases
	V. The Lisbon Judgment
	VI. The Euro Crisis Judgments
	VII. The ECB’s QE Programme – A Rerun of the OMT Litigation
	VIII. Conclusion
11. Europe’s Constitutional Overture
	I. A Disputed Legacy
	II. Europe’s Constitutional Continuum
	III. Constitutional Possibilities
12. The European Constitution and ‘the Compulsion to Grand Politics’
	I. Introduction
	II. Friedrich Nietzsche on Europe and ‘the Compulsion to Grand Politics’
	III. From Nice to Giscard’s Convention
	IV. Grand Politics in a Cross-pressured Context
	V. European Civilisation Now
	VI. Conclusions
13. Recollections from and Reflections on the Making and Failure of the European Constitution
Index