On the future of the Constitution and its european dimension and projection

Abstract

At present, and after our Constitution has been in force for forty years, there is the need to update it in order to allow its adaptation to the new challenges and to the greater demands of transparency and responsibility demanded
by the society of our times.
In spite of the fact that the subjects for a possible amendment are very varied, the article raises as a priority issue the “Europeanisation of the Constitution”, which, on the other hand, has already been the pretext for the only two reforms
which have already taken place. The procedural channels used at the time (the urgent procedure and the single reading procedure) are thus analysed.
Subsequently, the most basic issues to be included in a hypothetical reform are reviewed, such as the inclusion of a general European clause that adds the membership of the Union to the defining features of the Spanish State, or the
updating of Article 93, including new limits on the transfer of competences.
It also advocates a strengthened role for national parliaments in European affairs, with a specific mention of their function of preventive control of the principle of subsidiarity and the additional work that could be carried
out by an ad hoc parliamentary body, the Committee on European Affairs.
It also analyses the effects of this potential reform on the configuration of Spain as a State of autonomies and combines this with the convenience of establishing mechanisms for the participation of the Autonomous Communities
and other subnational entities in European affairs.