ABSTRACT

Constitutionalization in the narrowest sense of the word means that a country adopts a constitution which is the supreme law in that country and from which the competence to enact laws, as well as the hierarchy of laws, is derived. However, as a phenomenon constitutionalization includes more than just this basic aspect. To be a constitutional democracy, the country not only needs to ensure that laws and regulatory decisions are formally made in accordance with the system set up by the constitution, but also that the constitution and the rights it sets out are applied in practice, at all levels of society. The accession process to the European Union (EU) includes various criteria to ensure that proper constitutionalism – the outcome of the process of constitutionalization is achieved.