The Polish discourse about the European Constitution has one feature in common with the discourses of other member states: it deals with everything but the text of the Constitution Treaty itself. At its core it oscillates between the Polish striving for power in the EU and the toleration for cultural difference in Europe. The opposite of the latter has been particularly significant during the referendum debates in France and the Netherlands, which let to the rejection of the constitutional treaty.

The authors argue that the public opinion and the discourse of political elites differ significantly within the Franco-German debate on the Constitutional Treaty of the EU. Moreover, the article shows that the discussion reflects different conceptions of European politics. These differences lead to the claim that the co-operation and the leading role of Germany and France in the EU have to be re-defined. This has to occur in the context of a politicisation of European politics, which is crucial for the future of the enlarged European Union.

The author discusses the failure of the EU-Constitution plebiscite in France and focuses on the different arguments brought forward in the French debate over the EU-Constitution. The draft of the Convent was a complex volume full of compromises. However, in comparison with the Treaty of Nice, it would have been a starting point for achieving a direct trans-national democracy. According to the author, the referendum only failed due to some unique plebiscite elements that were instrumentalised by governments which had overestimated themselves.

The thesis seeks to answer the question whether the European Union (EU) constitutional treaty offers improved protection for human rights in the EU jurisdiction. Within this context, it first seeks to find out what the incorporation of the Charter of Fundamental Rights in the constitutional treaty promises for the human rights&rsquo / field. Furthermore, it examines how the possible accession of the EU to the European Convention on Human Rights will affect this field. Then, it focuses on what the constitutional treaty offers for third countries concerning human rights. Finally, in the light of the recent developments on the treaty, the discussion enlightens the role of the constitutional treaty on protecting and developing human rights in the EU.