April 22, 2008
We need to return to the idea of having a Constitution which underpins the whole system, is synthetic and not easily changed, as it is the “frontispiece of legality” (Kelsen). This Constitution should have an annex which ought to be called Functioning of the European Union (TFEU).
What is completely inadmissible is the current bifurcation (TEU-TFEU) contained in the Lisbon Treaty. By reductio ad absurdum, are we to suppose that the TEU doesn’t function?