UDC 342(4-672EU)
Biblid: 1451-3188, 21 (2022)
Vol. 21, No 77-78, pp. 425-444
DOI: https://doi.org/10.18485/iipe_ez.2022.21.77_78.25

Оriginal article
Received: 27 Feb 2022
Accepted: 23 Mar 2022


ŠKARIĆ Svetomir (Правни факултет ,,Jустиниjaн Први”, Скoпље), s.skaric@hotmail.com

The paper discusses the idea of European constitutional law as a new academic discipline within European law. The author presents the genesis of this branch of European law by analysing its substantive and formal legal features, starting from the founding treaties of the European Communities, all the way to the Lisbon Treaty and the jurisprudence of the European Court of Justice. The paper highlights two key characteristics of European constitutional law, which relate to supranationalism and cosmopolitanism. On the one hand, supranationalism enables the transformation of member states from national to transnational entities, while on the other hand, cosmopolitanism opens the possibility of transforming the European Union into a global project. In this sense, European constitutional law is the first step towards the creation of international constitutional law - an order that per se, parries the order of public international law. According to the authors, the progressive development of European constitutional law should be accompanied by active participation and a creative approach of the wider academic community.

Keywords: EU, European constitutional law, constitutionalism, European Constitution, international constitutional law