Constitutionalising Enlargement, Enlarging Constitutionalism

Abstract:   The relationship between the present enlargement and the development of an active constitutional discourse in the EU is a complex one. On the one hand, it may appear that the pre-existence and the current extension of the constitutional acquis threatens to confront the enlargement countries, many of whom are understandably jealous of their recently won constitutional autonomy, with a fait accompli whereby their membership of the club is conditional upon acceptance of an already mature constitutional doctrine and culture. On the other hand, EU constitutional discourse is by no means a closed book, or one which systematically favours old members over new. Rather, it remains an open-textured and provisional affair which is bound to address certain deep-rooted and urgent tensions over institutional design and fundamental values and which may do so in a manner that combats rather than accentuates the possibility of discrimination against the new members. In this regard, the current Convention on the Future of Europe and the Intergovernmental Conference to which it is directed represent a key episode in the ongoing development of the EU's constitutional identity.