Abstract: This chapter examines the narratives of constitutionalism and the low tide of ideas and constitutional practices within and within the European Union and its Member States from the inception of the treaties to the present day. It must determine the extent to which the European Union has a “constitutional” legal and political order. Emphasis is placed on the contribution of legislation to the development of constitutional structures and the role of ideas in legislation. The initial objectives of the “founding fathers” of European integration were to promote peace, prosperity and a form of non-nationalist supranationalism. In many ways, the EU enjoyed remarkable success in the history of the European continent until the middle of the 20th century. “Constitutional treaties” have been at the heart of this success. But we must now pay attention to the recent challenges posed by the financial crisis, the difficulties of the euro area, the problems near the EU`s external services and the arrival of large numbers of refugees at and outside the EU`s external borders. At a time of national reactions against neoliberalism and globalisation, the role of the EU, and in particular the EU Court of Justice, is increasingly being called into question. The founding treaties form the legal basis of the European Union and are often referred to as `primary legislation`.
The founding treaties are: the Eur-Lex International Agreements collection covers all the instruments that the EU has created in the exercise of its international responsibility: there were three political institutions that had the executive and legislative power of the EEC, as well as a judicial institution and a fifth institution created in 1975. These institutions (with the exception of auditors) were created by the EEC in 1957, but from 1967 they apply to the three Communities. The Council represents governments, Parliament represents citizens and the Commission represents European interests.  In essence, the Council, Parliament or any other party apply to the Commission for legislation. The Commission drafts it and submits it to the Council for approval and to Parliament for advice (in some cases it had a veto, depending on the legislative procedure used). The Commission has a duty to ensure that it is implemented by dealing with the day-to-day running of the Union and by taking other people to court if they do not comply.  After the Maastricht Treaty in 1993, these institutions were limited to those of the European Union, although in some areas, because of the structure of the pillars.