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2 China-EU L.J. 1 (2013)

handle is hein.journals/caeulwj2 and id is 1 raw text is: China-EU Law J (2013) 2:1 3 DOI 10.1007/s12689-013-0024-6 1 1 ) 1 1 I . A European Constitution and European constitutional legal practice Aalt Willem Heringa © China-EU School of Law 2013 Constitutions of countries and of major organisations such as the European Union (EU) are abstract documents yet they relate to fundamental issues and important sentiments among the population. The EU's failed project to implement a European Constitution illustrates such sensitivities. Recently, David Cameron, the Prime Minister of the United Kingdom (UK) delivered a speech in which he criticised fundamental aspects of the EU, such as the broad powers of the EU and the need for greater flexibility. The main issues of contention relate to the mode and scope of constitutional governance in the EU. In particular, the opinion of the general population is that EU governance is far removed from the needs of the public. The economic crisis has increased the magnitude of such public sentiments especially after the EU was forced to intervene in order to save indebted countries and banks. These measures have not only led to criticism in the countries concerned but also within the rest of the EU. In the countries concerned, it was felt that the EU (and the European Central Bank and the International Monetary Fund) forced them to accept drastic rescue measures contrary to the concept and practice of state sovereignty. In other EU countries having more robust economies it was felt that they were called upon to rescue other states and banks that had irresponsibly spent money and undertook unwise fiscal policies. Essentially, this debate is a constitutional debate. The issue impinges upon the solidarity of the entities that make up the EU. Of major concern is how to make transparent, well designed policies that are put into practice. Adequate structures, mechanisms, supervision and legitimacy are paramount to successful democracy and constitutional governance. A. W. Heringa (E) China EU School of Law, Beijing, China e-mail: aw.heringa@maastrichtuniversity.nl A. W. Heringa Department of (Comparative) Constitutional Law, Maastricht University, Maastricht, The Netherlands I Springer