RICERCA ITALIANA     

The Draft Constitutional Treaty, the Eu Charter of Fundamental Rights and the privat autonomy.

Università degli Studi di Roma "La Sapienza"

Abstract

The on going research aims to analyse the the eruopean constitutional process that reached the approval of the Draft of a "Treaty that establishes a Constitution for Europe". The project will focus not only on the substance of the Draft Treaty as a fundemental constitutional text of the Union, but also on its effects for the protection of some principles and specific fundamental rights. The first stage of the work, developed in the first year, will supply the theoretical-constitutional frame of reference, also thriugh the organization of the law, bibliographical, e cases' material, with special attention to the connections with other subjects as publi and privat law, economics and economic geography in the context of the european "multilevel governance". In the present historical stage, law reasoning can not avoid to involve also the evolution of laws and the evolution of politics that related to the EU future, in so finding a good ground for meeting other subjetcs. The Draft Constitutional Treaty, issued by the European Convention and supervised during the last IGC, from one side goes with reviewing tecniques trough most delicate parts of traditional european constitutionalism, and from the other side, for some reason,mark a brake in respect of the traditional paths of modern constitutionalism. From the point of view of the constitutional lawyer, one can see that whereas the "positive elements" of the this "constitutional tale" grow under our eyes, still very difficult seem >>>

Principal Investigator

Vincenzo ATRIPALDI Universita' degli Studi di ROMA

Research Objectives

In the perspective of European constitutionalism the research aims to study: the freedom of expression and information, especially in telecommunications market; the freedom to conduct a business in respect also of international trade rules; principles ad rules of business contract; protection of fundamental right, free circulation of capital, commmodities and people and registration rules; and finally, the environmental protection and the principle of sustainable development.

First Results

This first phase of research should allow to professors and researchers to get used to the principal practical legal problems deriving from the European codification process. This activity, with reference to the specific themes of each unity, will be developed through the consultation of all materials gathered and the direct contact with the practice. Moreover will be analysed both all projects of European code and European Convention.
In this way will be described at first the choice of economic community policy, the notion of freedom to conduct a business and the freedom of contract referring both to the prohibition of discrimination and to good faith clause and dilatory pleas. So the bases for the second part of the research are be placed.
In this phase is already foreseen the elaboration of articles and essays onto the research's theme or similars ones, with the precise aim to fix the relative outline and the arrangements' problems.
During the research should be organized seminars, meetings and lectures.The scope of the second and last phase is to achieve a coherent and general systematic, yet not definitive settlement of the most important theoretical and practical problems involves in an European contract code.
In this phase the work of each research unitiy will be gathered together and coordinated.
The preparation of a collective work gathering all separate contributes could be a useful instrument to divulge the results of the >>>

Timescale

24 months

National and international background

In the present historical phase, the juridical reflection cannot leave out of consideration the evolution of normative and institutional process involving the future of the European Union, fining at the same time a profitable occasion with other disciplines. The Constitutional Treaty Draft, written by the Convention and examined by the Intergovernmental Conference, on the one hand, crosses the most delicate themes of European constitutionalism, on the other hand, shows a discontinuity with the traditional courses of modern constitutionalism evolution. From the point of view of those who study Public Law it ought to notice that while the positive elements of this "constitutional tale" are taking form, it still seems hard to individuate and think over such categories, useful to represent with proper names the new things of today. As a matter of fact, it happens too often that the admission of the Union as a political organization is followed by a great difficulty in the quest for the categories still well-grounded after the "phénomène nouveau". Consequently the preliminary analysis will select those "useful" categories of "European Constitutionalism" and shape a "Common European Constitutionalism". Therefore the research will be focused on the present "European constitutional process" where a particular emphasis will be given to the "Conventional Method", used to write the Charter of Fundamental Rights, and took again by the Convention to write the European Constitutional >>>