European Constitution Seminar

Contemporary Europe is characterized by economic and political integration and the ensuing legal and constitutional change. This course examines the interplay of the actors and the institutions of the European Community involved in what has become an increasingly rapid process. This culminated in a draft proposal for a constitution of the European Union by the European Convention in 2003 and in a constitutional contract of 18 June 2004 accepted by the European Council. The course analyzes the substantive nature of the European treaties, in particular the four basic freedoms, antitrust, and the European currency union from an economic and public policy perspective. Attention is given to the most important directives of the European Commission and decisions of the European court of justice. The course also looks into the discussion about the lack of democratic institutions and the tendencies towards excessive centralization at the European Union level and at the debates about the need for a European constitution following the accession of the Central and East European countries. The debate about centralized versus decentralized structures in the EU will be is compared with American notions of Federalism.