On The Crisis Of Constitution Of European Union

On June 17th-18th ,2004,the twenenty-five senior officers of the members of the European Union passed through the draft of the consititution of EU formally in the Brussels Meeting. It is an legal document having the dual nature of constitution and interrational treay in the Europe area managing at preasent. On may, 29th and June,1st,2005, France and Dutch overruled the constitution treaty of EU in the"Citizen Voting",which made the future of the first constitution of EU having more and more shadow.European intergration suffers deep-going crisis. The cause of the crisis are many, and the intrinsic shorthands of the constitution itself is one of them. The cause of the crisis is many, and the intrinsic shorthands of the constitution itself is one of them. The crisis of consitution of EU has the deepgoing legal reasons. The constitution of EU and the emerging of the crisis experienced a complicated prosess, and it is devoloping with the European integration. Analysing from the legal theory, the main problems of the constitution of EU are: First, the version style of the constitution of EU is miscellaneous, mainly in three aspects: the dense preface and general programme; the tediously long right catalogue; unnecessary policy contents. Second, the constitution of EU has the nature of treaty. The constitution of EU inherits Amsterdam treaty, Mastricht treaty and Nice treaty, and them simplity to generate it .In order to make the new way of European integration, we should give up the nature of treaty or make the constitution or treaty nature clear. Third, the constitution of EU has many mixing legal system. As the EU includs the members both of the continental law system and the Angla-American law system, so the law system is doom to be a bind of mixture. The draft of the constitution of EU have not stipulated it initiately. The causes of the crisis are below: First, disagreeing with the system of the government. According to the draft of the constitution of EU, the future of the system of it has the nature of federal system and confederal system. Second is the"democracy deficit"under the trend of centralism. The constitution treaty of EU's centralism doomly leads to the"domocray deficit", which is the main reason of the constitution being overruled. Third, the consition of EU, obscures the"constitutional politics"and"the normal politics", the ecnormic and social problems are not resolved in result that the ordinary peoply overrule it.