-

The question of democracy in the EU is related to its nature. Scholars have repeatedly discussed the EU nature, democracy and its challenges.
The EU Constitution Treaty, although being a basic step towards answering these questions, is yet not responding to all of them. One reason may be that although the treaty has the title of Constitution, it is not treated more than an international agreement among the member states. Perhaps, the main obstacle in reaching such a vital goal is desire of the EU authorities that are reluctant to regard it more than a simple regional organization. However, this treaty by a humanity approach is trying to approach a novel view as regards relations between the member states and the Union, while its main theme has been the making of a balance for the citizens in order to draw their attention. In this paper, the approach of the judicial systems of the member states towards the EU nature and its regulations as regards democracy have been tackled and finally its nature has been evaluated through this view.