European Union Member-States and Changes in their National Constitutions-Lessons for the Macedonian Constitution in the Process of EU Integration

Abstract

The paper analyses some most important aspects of the process of
"Europeisation" of the EU Member States' national constitutions, as well
as the need for the Republic of Macedonia to join this process, having in
mind the experience of the countries that have already went along this
path. The experience of the EU members is particularly important for the
Republic of Macedonia because it can help in reflecting all the problems
and difficulties that this journey brings along, and can identify possible
solutions in the process of amending the national constitution. European
integration, undoubtedly, causes major changes in the content of the
national legal systems of the Member States, as well as in the systems of
the candidate countries for EU membership. Equally important is the
process of harmonization of the national constitution with EU law,
keeping in mind the place and the role of the national constitution in the
hierarchy of the legal systems of every individual country. A simple
comparison shows that membership in the EU raises numerous and
specific constitutional challenges due to the specific features of the EU
legal system. Almost all EU Member States have amended their
Constitutions in order to meet the requirements of the integration in the
EU legal system. Some countries applied cosmetic changes of their
constitutional provisions without making some deep and essential cuts in
their political and constitutional systems, while other countries applied
serious and detailed constitutional changes in the process of
constitutional harmonization with the EU standards. Still, a joint
characteristic for all countries is that the constitutional changes tackle
numerous procedural and essential issues and aspects.