ABSTRACT

My contribution oscillates between two poles or aspirations. The first is to present reflections on the constitutionalization process which comprises both Europe’s accomplishments and its performance in the light of a specific theoretical perspective, namely, the deliberative strand of theories of democracy. However, my objective in this respect is not to enrich this theoretical debate. Instead, I will focus on the transformation of theoretical deliberation into legal concepts and suggest that conflict of laws would provide the proper legal form for the constitutionalization of Europe.