ABSTRACT

The European Union (EU) has reached the point where constitutional choices on fundamental issues have to be made. The informed citizen’s educated guess would be that these issues include the distribution of authority between the EU and member states, the division and relative weight of the administrative, legislative and judicial powers within the EU, as well as the extent of the EU’s rule. Whatever the issues are, constitutional decision making (CDM) on them will have to be accomplished under higher-level conditions. It is these conditions in which I am interested here, or at least two of them: care for the environment and the preservation of the European liberal democratic heritage.