5. The African Union and The Constitutive Act of the African Union are thus even internally clearly more democratic structures than the European Union and its draft Constitution to direct the law and to realize justice (even if some European countries were more democratic than some African countries in some respects).

But if one compares the global effects of the EU to the effects of the AU in that, how much their decisions affect the life of the world in a non-democratic manner against the will of world´s majority (affected by these decisions), it becomes even much more clear that the EU is structurally less democratic global actor if compared to the African Union.

a) African Union´s objective is to “establish the… conditions which enable the continent to play its rightful role in the global economy and in international negotiations” (The Constitutive Act of the African Union, article 3)

“All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another” (African Charter on Human and Peoples Rights, article 19). “Mutual respect” and “equitable exchange” shall be the bases for “promoting international economic cooperation”, which shall eliminate “all forms of foreign economic exploitation particularly that practiced by international monopolies so as to enable… peoples to fully benefit from the advantages derived from their national resources”. (same, article 21, paragraphs 3 and 5)

b) The external objectives of the EU are instead :

“In its relations with the wider world, the Union shall uphold and promote its values and interests” with its “aim … to promote… the well-being of its peoples” offering for them “economic growth” and “highly competitive” market economy (I-3) by its “exclusive competence” in customs policies, competition rules, monetary and commercial policies, and also “for the conclusion of an international agreement …insofar as its conclusion may affect common rules or alter their scope” also in other sectors of law. (I-12). Thus the EU Commission, an engine of the global sectoral expansion of liberalization, demands for itself commercial competences to rule and change the legislations and constitutional rights of other sectors according to Union´s commercial interests.

Fundamental constitutional rights in all sectors would become thus constitutionally subordinated under those interests of “free” competition and movement of goods and capital, upon which the union is founded (I-4 and preamble of the Part II) and “the Union shall … safeguard its… fundamental interests,… independence and integrity” in external policies (III-193:2).

This commercialization of constitutional legal order of rights, which is launched by draft EU constitution, may become the major need and necessity for liberalizing globalization in the world (as it wants to be able to ride its bike forward without falling) :

“The progressive abolition of restrictions on international trade and on foreign direct investment, and the lowering of… other barriers” (III-216) would get competence to “affect common rules” of other sectors of law or to “alter their scope” for the purposes of commercial interests.
c) If this EU-model of "Constitution" will get globalized all over the world, the whole priciple of justice, which is independed from money and commercial powers, will collapse. The EU competences for realizing commercial interests would be given powers to trade away laws of fundamental rights or environment to get rights for EU investors to other countries on the WTO, where all implementation of rights is determined by commercial powers and interests (such as the capacity to set trade sanctions).

"Europe has made progress. The European Union now has a common currency… We set up a Convention and it has drawn up a draft Constitution for the Union. While we were achieving all this, our neighbours… to the south in Africa, have always been in our minds. I want to assure you on behalf of the European Commission that we will never forget that mankind's origins are in Africa. And I add, “so is their future.” This is politics, but it also much more than politics" (President of the EU Commission, Romano Prodi, in the Assembly of the African Union 2003)

6. The draft EU Constitution does not mean that the EU would get the constitutive or constitutional democratic functions (which its member states used to have), but that by naming some other functions by the name "Constitution", the basic meaning of the word "Constitution" and its functions is changed.

The EU is not conferred any constitutive democratic competence to implement fundamental rights and not even proper specified competence to develop their legislation, nor the competence to have elected by peoples vote those persons, who have the highest legislative initiative as a source and direction of all possible legislation. What kind of foundation of legal order is a draft “constitution”, which gives no competence for the realization of the fundamental rights, “respected” by the institutions only “respecting the limits of the powers of the Union as conferred on it in the other Parts of the Constitution” dominated by commercial competences (II-51:1)?

The EU would certainly need a constitutional order of law to follow, but now, what happens is the very opposite : The EU is not given a constitutional order, but the word "Constitution" is simply shifted to mean the functions inherited from a coal and steel community. This is a takeover of the democratic constitutive functions for totally other purposes (such as the growth of industries) than what are the purposes of constitutional democratic orders where initiation of legislation is deduced from realization of the constitutive fundamental rights.

The response to worries about these kind of facts has been often, that the EU derives its power from the Members States (according to the principle of conferral) and that the Member States have constitutions, which anchor all public power in the citizens in the way described above. Given the largely autonomous legal and political development of the EU and given also the fact that the "constitution" of the EU has primacy over the national constitutions the response is not satisfying.

Unless the constitution is amended to include, among its primary articles, a clear statement according to which all power exercised by the Union belongs to its citizens and peoples, the constitution risks taking the legal and political culture of our subcontinent back to the time before the British and French revolutions, i.e. to the time when individuals were seen, by the state, as subjects to state power, rather than individuals with inalienable right who are also the carriers and source of all state power.