THE CRISIS OF THE EUROPEAN CONSTITUTIONALISM

The recent financial crisis, which has inevitably affected the field of law, forced scholars to think about the concept of constitutionalism and its possible connection with the European Union. The Old Continent adopted emergency legislation that goes beyond the dictates of the Treaties, especially in the last few years, where an antidemocratic rationality seems to have left the "issues" of money and market to a few technocratic "decisors". The emerging constitutional model is one that is ruled by the elites of the European technocracy, rather than by the people. According to the classical conception of constitutionalism, the constitution would need two steps: deliberation and participation, both fundamental to democratic processes and to ensuring the identification of the community with the constitution. The European Union does not seem to respect these basic requirements.