Learning from the EU Constitutional Treaty:

Assessing the EU Constitutional Treaty proposes a theory of democratic constitutionalisation beyond the nation-state, through a reconstruction of the fate of the EU Constitutional Treaty. Even if much of the substance of the Constitutional Treaty survives in the EU Treaty of Lisbon that has come into force in 2009, the process of democratic constitutionalisation to which it aspired has to be deemed a failure. Still, the Constitutional Treaty process can be considered as a first attempt to provide international institutions with a democratic foundation that has been the object of the peoples#xE2;#xAC;" consent. The book analyses the EU Constitutional Treaty process from a normative perspective that is grounded in broader political theoretical debates about democratic constitutionalism and globalisation. It will be of interest to students and scholars of European Union politics, history and policy.

List of tables	p. xiii
Acknowledgements	p. xv
Introduction	p. 1
Avoiding democratic constitutionalization in the European Union	p. 7
The consent-less evolution of European cooperation	p. 8
The futility of EU constitutionalization	p. 15
The inappropriateness of EU constitutionalization	p. 20
The risks of EU constitutionalization	p. 24
Conclusion: lessons to retain	p. 30
Democratic constitutionalization beyond the nation-state: a normative theory	p. 32
Reasonable justification and democratic constitutionalization	p. 33
Is constitutionalization beyond the nation-state different?	p. 40
A two-level theory of supranational democratic constitutionalization	p. 46
Conclusion: applying the theoretical framework to the constitutional treaty process	p. 52
Competing visions of the future of the European Union	p. 55
Cleaning up Monnet's legacy: the institutional challenges of the European Union	p. 56
Three visions of the future of the European Union	p. 61
Conclusion: towards the Laeken Declaration	p. 67
The European Convention as a forum of supranational constitution-making	p. 71
The set-up of the European Convention: mandate and composition	p. 73
The Convention's self-redefinition	p. 77
Political behaviour in the Convention	p. 82
Conclusion	p. 91
A Constitutional Treaty for a union of citizens and states	p. 93
The (re-)foundational character of the Constitutional Treaty	p. 95
How is decision-making constrained? Principles and rights	p. 99
What should the European Union do? Competences and ability to act	p. 104
How is decision-making organized? Institutions and democratization	p. 107
Conclusion	p. 115
The external accountability of the European Convention	p. 119
The institutional accountability of the Convention members	p. 120
Interest group engagement in the civil society forum	p. 125
Reaching the public	p. 127
Conclusion	p. 130
Bringing the Constitutional Treaty back to the peoples	p. 132
National realignment in the Intergovernmental Conference?	p. 134
The choice for ratification referenda	p. 137
The effectiveness of referenda in engaging the public	p. 139
Who objected to the Constitutional Treaty?	p. 143
Conclusion	p. 147
The Treaty of Lisbon: saving the treaty at the cost of democracy	p. 149
Prospects and conditions for EU politicization	p. 151
The Treaty of Lisbon: negotiations and outcome	p. 155
Ratification and the Irish referendum	p. 163
Conclusion	p. 169
Conclusion and prospects	p. 173
Assessing the EU Constitutional Treaty process	p. 174
The two-level theory of supranational democratic constitutionalization revisited	p. 177
EU constitutionalization after the Treaty of Lisbon	p. 180
Supranational democratic constitutionalization in an internationalizing world	p. 183
Notes	p. 187
Bibliography	p. 191
Index	p. 206
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Learning from the EU Constitutional Treaty: Democratic Constitutionalization beyond the Nation-State

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