Idea of the ‘Constitutionalized Treaty’

1 When first established, the European Union (EU)—at the time, ‘European Communities’—was widely perceived as a ‘creature’ of international law (de Witte, 2011, 19), originating from multilateral treaties ratified among state contracting parties in Paris (1951) and in Rome (1957) and governed by the rules of international law (Boerger and Rasmussen 201). Despite this formal pedigree, however, the substance of such treaties already seemed to suggest, even at such early stages of the European project, that this new entity should have been regarded as a sort of...