What kind of constitution does the EU need?
[18] Dorau’s ambitions in this respect are modest and realistic. He advocates “a systematisation and consolidation of existing constitutional law of the EU”. The primary objective of such a constitutional document would be to emphasise and to convey the protections already guaranteed by the EU, namely the rule of law, fundamental rights and democracy (at 165). A secondary objective would be the progressive development of those principles within the constitutional framework of the EU. In practice the constitutional document would include 1. a revised version of the Charter of Fundamental Rights proclaimed in Nice in December 2000; 2. a clear delimitation of competencies between the EU and the Member States (to which should be added the regions); 3. a transparent explanation of the institutions and procedures in the EU. [19] The idea underpinning the constitution would not be the underhand creation of a federal state but rather the clear representation of the two constitutive pillars of
