Recently in Germany a lively discussion has arisen about the question of the necessity for and the contents of a Constitution of the European Union. In its first part, this article will focus on the different arguments and positions taken in the German debate. The opponents of such a constitution have in particular argued that this debate is purely a German one. The second part of the article will prove the contrary. It will be shown that, on the European level, the question is openly discussed and the drawing up of an EU Charter of Fundamental Rights marks the tendency towards a constitutional contract in the sense of an original Constitutional Charter for the EU.
European Public Law