Constitutional treaty

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A constitutional treaty is a treaty under international law to create a supranational entity to which the status of a national constitution is assigned.

The term was coined to characterize the Treaty establishing a Constitution for Europe , which was supposed to reform the existing contractual bases of the European Union (including the EU Treaty , EC Treaty and the EU Charter of Fundamental Rights ) and combine them into a uniform document. The term constitutional treaty was controversial, however, as the constitutional treaty would not have had any other legal status than the treaties that were valid up to then.

literature

  • Armin von Bogdandy (ed.): European constitutional law. Theoretical and dogmatic basics , Berlin / New York 2003, ISBN 3-540-43834-3 .