Diritto Pubblico Comparato ed Europeo

Sommario

1. Il lungo cammino dell’integrazione europea. – 2. Il dibattito dottrinale sul “processo costituente europeo”. – 3. Il c.d. deficit democratico ed i Parlamenti nazionali. – 4. Il Trattato che adotta una Costituzione per l’Europa ed il ruolo dei Parlamenti nazionali. – 5. Considerazioni conclusive.

AbstractThe article begins with the steps of European integration and subsequently examines the various theories concerning the nature of the European Union and the problem of democratic deficit. In particular it underlines that to resolve the democratic deficit it is necessary not only to increase the European Parliament’s powers but also to implement the powers of the national Parliaments towards their respective Governments and to strengthen relations and forms of consultation and between the European Parliament and national Parliaments and cooperation between the latter. It also describes the role of national Parliaments in scrutinising the Government (national scrutiny system) and the forms of cooperation between national Parliaments. Finally it comments upon the articles of the Treaty establishing a Constitution for Europe and on the two Protocols (the Protocol on the role of Members States and the Protocol on the application of the principles of subsidiarity and proportionality) involving national Parliaments at European level. The attention is particularly focused on the innovations to the discipline presently in force and on the improvements in the direction of more democracy and participation. The study considers the Treaty one further, important (but not final) step in the process of European integration and, in the light of multilevel constitutionalism, underlines that the European constitutional process is accompanied, on parallel level, by national European constitutional law.