The profound shift in conceptions o f legitimacy o f the European Union informs the recent constitution-making process and the main argument o f this study. After a brief discussion o f different conceptions o f legitimacy within context o f a sui-generis polity tike the EU, the article focuses on the recent constitutionalisation process in order to highlight its demos/identity-generative potential. Attempts at an innovative approach to Treaty reform in the EU are examined in order to ascertain whether they serve the need to facilitate the emergence o f a European public sphere and a European collective political identity. The peculiarities o f the current constitutionalisation process are discussed with a view to demonstrate that the European Constitution is an endeavor aimed at the creation o f its “pouvoir constituemt The unfavorable referenda results in two o f the leading, original and traditionally pro-EU members o f the Union, France and the Netherlands, demonstrated the limits o f the polity and political identity building potential o f written texts, albeit constitutions. It is asserted that the results suggest restraint but there is no ground for despair for the future prospects or viability o f the European polity and transnational democratic governance.

The profound shift in conceptions o f legitimacy o f the European Union informs the recent constitution-making process and the main argument o f this study. After a brief discussion o f different conceptions o f legitimacy within context o f a sui-generis polity tike the EU, the article focuses on the recent constitutionalisation process in order to highlight its demos/identity-generative potential. Attempts at an innovative approach to Treaty reform in the EU are examined in order to ascertain whether they serve the need to facilitate the emergence o f a European public sphere and a European collective political identity. The peculiarities o f the current constitutionalisation process are discussed with a view to demonstrate that the European Constitution is an endeavor aimed at the creation o f its “pouvoir constituemt The unfavorable referenda results in two o f the leading, original and traditionally pro-EU members o f the Union, France and the Netherlands, demonstrated the limits o f the polity and political identity building potential o f written texts, albeit constitutions. It is asserted that the results suggest restraint but there is no ground for despair for the future prospects or viability o f the European polity and transnational democratic governance.