La paradoja del tratado constitucional europeo: entre la planificación y la evolución de la europa comunitaria

Abstract

The tentative of a European Constitutional Treaty in the system of law puts in crisis two of the most established legal institutions of the West: the Constitutions and treaties. The paradox is linked to the conditions of evolution and planning of the global social system. Thus, the present paper analyzes the mode by which the two models became legal diplomas receive a different meaning, depending on the aforementioned trend. The paper analyzes the two institutes from an angle related to the possibility of planning and control of the evolution of a specific society, in this case on the European Community, in which the referendum and parliamentary approval were ineffective to understand the meaning of a new legal creation.