Exploring the European constitutional sphere. Centre – periphery perspective

Abstract

The main hypothesis of this paper is that the European Constitutional Sphere can be perceived of as a battlefield in the process of globalization of law and politics, existing between the Centre and Periphery of our continent. Moreover, we are currently witnessing a spreading crisis in traditional international law, understood as a normative order pursued by nation states through conventions, agreements, etc. The process of weakening both the institution of nation states and national identities brings about, slowly but steadily, a shift of power from the national to supranational level. We are gradually experiencing the emergence of a “Cosmopolitan Law” as a brand new post-modern legal order, extending beyond traditional concepts. However, it has yet to be explained whether this idealistic “Global Constitutionalism” is currently feasible and whether we – as Europeans – are willing not only to tolerate but to truly accept “Others” within our legal and political communities?