Biblioteca PGR


PP390
Analítico de Periódico



PERNICE, Ingolf
European constitutionalism and the national constitutions of the member states : implications for Brexit / Ingolf Pernice
Boletim da Faculdade de Direito, Coimbra, v.93 n.1 (2017), p.211-244


DIREITO COMUNITÁRIO, CONSTITUCIONALISMO, CONSTITUIÇÃO EUROPEIA, ESTADOS MEMBROS, CONSTITUIÇÃO, INTEGRAÇÃO EUROPEIA, BREXIT

Celebrating the 40th anniversary of the Constitution of Portugal is an opportunity to reflect on European constitutionalism and the national constitution of Member States in the framework of Brexit. The article starts with the historical roots of constitutionalism, understood as a great transatlantic achievement. Concerning what is specific about European constitutionalism the A. takes it to be a second revolution: it stands for the development of constitutionalism beyond the state. In the bulk of the article the following topics are addressed: (i) What is the European Union?; (ii) The relationship between European constitutionalism and national constitutions in the light of multilevel constitutionalism; (iii) Brexit in the light of European constitutionalism. The A. concludes that Europeans both sides of the Chanel should understand Brexit, if it needs to come, as an opportunity for taking new steps towards integration, should take ownership of Europe as our way to ding our common values and the respect of the universal human rights, on the E of functioning democracies in the Member States and the respect of the rule of law, a Union designed according to the principles of multilevel constitutionalism