"The unfinished democratization of Europe"

There is a tension between democracy, which is limited to the nation-state, and human rights, which are universal and point to the ideal republic. The Charter of Fundamental Human Rights of the European Union is an important step in the process of institutionalising a framework of a cosmopolitan order where violations of human rights can be persecuted as criminal offences according to legal procedures. The principle of popular sovereignty is on its way to be transformed into a law for the citizens of the world. But as the process of Europeansation is tainted with juridification and executive dominance the EU is in need of democratization. The citizens have obtained rights but they have not been able to give these rights to themselves. The protracted Constitution-making process of the EU testifies to a promising yet unaccomplished mission of democratization