El artículo 11 de la constitución como fundamento de la integración europea desde 1948 hasta hoy

The unprecedented developments and crises that the European Union is facing require new reflections on the meaning that Article 11 of the Constitution has acquired as the basis of European integration from 1948 to the present day. To this end, this article begins by reviewing some fundamental aspects of the debate in the Constituent Assembly to understand what are the consequences of Article 11’s inclusion among the fundamental principles. The article then illustrates the process of interpretive evolution to which it has been subjected, through which its propositions have been established as the basis for joining the European Communities and as a "key" to admit any further "limitation of sovereignty". Subsequently, the article focuses on examining this latter notion in light of case law on "controlimiti" and diverse doctrinal theories. Finally, the article concludes with a review of the many interpretive issues that remain unresolved, leaning towards the theory that, although not all of the statements of Article 11 have acquired a prescriptive value, they nevertheless represent a weighty constraint against any decisions aimed at loosening the process of European integration.