TY - JOUR AU - Gegenava, Dimitry AU - Schlink, Bernhard PY - 2021/11/18 Y2 - 2024/03/29 TI - Constitutional subject and its identity JF - JOURNAL "ORBELIANI" JA - jo VL - 1 IS - 1 SE - Translations DO - 10.52340/jo.2022.03.37 UR - https://journals.sabauni.edu.ge/index.php/jo/article/view/37 SP - AB - <p>The German experience of the Constitution and, moreover, of the nation's pre-eminent state echoes not only the experience of European states but also of Europe itself. Today, Europe, as long as it shares history and cultural heritage, has neither a nation nor a constitution. The EU is an institutional entity, with a powerful executive and a strong judiciary. It gives Europeans most of what the state gives them: freedom of movement and freedom of business without borders and customs, legal protection, and also, a common currency. Through regulations, directives and its own court decisions, it affects all aspects of European life. If one day the EU were to adopt a constitution and become a nation-state, it would grow into state-like forms that have evolved since 1957 and continue to evolve to this day. The constitutional subject will be the people, in similar forms to the United States; Like Staatsvolk.</p> ER -