Eastern Enlargement and European Constitutionalisation

The recent eastern enlargement influenced the process of European constitutionalisation as the accession negotiations and the constitutionalisation debate progressed more or less simultaneously and developed in mutual inter-linkage. It did so not only due to the contributions the Accession States made to the Charter on Fundamental Rights and, even more, to the European Convention but also by - still continuing - effects on the functioning of the European Union and on the determination and identification of European concepts and values. Thus, the eastern enlargement will be meaningful for the European constitutionalisation even beyond the formal contributions of the new Member States. This paper analyses the impact of eastern enlargement on the functions of a future Constitution and the constitutional preconditions for the European integration, in particular the equality of member states. It will be shown that the impact of the eastern enlargement is rather ambiguous. Whereas it brings in new problems for the EU´ s constitutional order, it also contributes to an identification and strengthening of common European values which has the potential to push European constitutionalization forward.