User:Ingolf Pernice

Multilevel Constitutionalism conceptualizes the relationship of European (primary or constitutional) law and national constitutional law as one system which is composed of two or, as applicable for federal states, three layers of constitutional law. The underlying idea is that in a system like a federal state or the European Union, the people confer sovereign rights not only on one set of (national) institutions, but may - together with the people of other countries - agree upon creating supranational authorities to which they entrust specific and limited powers with a view to implementing common policies in the common interest. The public authority so established at the regional, national, supranational level is empowered, respectively, to take binding decisions with regard to the people (the citizens) of the region, the people (citizens) of the state or to the people of the supranational community (e.g. citizens of the Uunion) to whom it is also accountable. This concept allows to understand that also the European Union is a matter not only of States, but above all, of the peoples of its Member States who are the citizens of the European Union. The new Treaty establishing a Constitution of Europe - not yet in force - is an important step towards such an understanding, as it mentions at many places the authorship of the citizens of the Union and their legitimizing role for the EU law. For more details see www.whi-berlin.de/pernice-constitutionalism.htm. This concept should also be applicable to international law insofar as institutions are established and entrusted with powers to legislate or decide with direct effect to the individual.