STATE, EUROPEAN INTEGRATION, AND GLOBALIZATION. NEW CHALLENGES FOR CONSTITUTIONALISM

Ano: 2019 | Volume: 1 | Número: 1

Autores: Stelio Mangiameli

Palavras-chave: constitutionalism, state, european integration, globalization, division of powers, fundamental rights.

Resumo Inglês:

The essay takes into consideration the current relations between the State, European integration and globalization, with reference to the principles of constitutionalism.The principles of constitutionalism, such as the division of powers, the guarantee of the fundamental rights, federalism and representative democracy, are examined in the light of modern and contemporary statehood, which shape the constitutional state. The processes of integration of financial markets and modern technologies, as well as economic crises, have impacted on the constitutional state and revealed the insufficiency and inadequacy of state institutions in terms of size and capacity. Hence the idea of the constitutionalization of Europe by the Member States as a remedy to reaffirm the safeguarding of fundamental rights and the guarantee of a democracy of proximity. Furthermore, international processes have accelerated the transition to a global market, which has undermined the sovereignty of states and their political weight. However, in such a context, States can only recover their role if the principles of constitutionalism are applied in the international order, so that the sovereignty of States opens up towards an international order which is characterized by inter-state cooperation and promotion of universal principles.