The EU Constititional Treaty (2004) and significance of constitutionalization of human rights

Abstract

The EU constitutional treaty (2004) is a representative and model product of the political ideology of contemporary constuitionalisation which is known as neoconstitutionalism and transconstitutionalism. However this document, like ali other similar documents of a constitutional nature, contains 'genetical influences and genetical defects'. Among the most powerful so called genetical influences is the problem of human rights which in a dramatic way characterises the constitutional document of the new Europe. The author demonstrates to what extent the EU constitutional treaty is marked by genetical influences which have their source in the evolutionary and complex problem areas of human rights, and, whether constitutionalised solutions are a possible source for the development of genetic defects which, in the existing forms of protection and promotion of human rights in Europe would cause additional misunderstandings. The author comes to the conclusion that the constitutionalisation of human rights on the European scene gives a new status and character to fundamental rights and provides a new impetus for the affirmation of constitutionalisation outside the governmental-national framework.