The article is one of the results of the search line ‘Citizenship shaping the state’ developed at the PhD in 2009-2011. It is the product of debates and the search for sources in national and international literature on Habermasian thinking. It helps to demonstrate that Habermas has emerged not only in a philosopher of law, but also in a thinker worried about the issues of the democratic rule of law in connection with the concerns of international law. Attempting to recover the Kantiano dream of a cosmopolitan right, on the other hand, fruitiful in front of Holandeses’ and French’s rejection of destinations and the establishment of a European Constitution. Without hesitation, he is happy to denounce the contradictory constitutional policy of the European Union. First, because it is a supranational organisation without its own constitution, based on contracts under public international law, and second, because ‘the European Union is not a State, in the sense of a modern constitutional state’ based on the monopoly of power (empire power) and sovereign both internally and externally. (Habermas, 2004, p. 183) The Habermasian vision, so far, lacks real prerequisites for integrated citizens’ wishes to be formed in a European context. Euroscepticism is a serious impediment to the issue of integration, which extends to the discussions that guide constitutional law, as it leads to the argument that as long as there is not a European people enough “homogêneo” to constitute political will, there should be no European Constitution. (Habermas, 2004) As there is a lack of an integrated civil society at European level, a Europe-wide public opinion on political issues and a common political culture, supranational decision-making processes will necessarily remain independent from the processes of opinion and will form part of the national processes of opinion and will be organised yesterday. (Habermas, 2004, p. 185) Worried by the fact that states and ultra-conservative sectors have been on the rise, Habermas takes the view that full democracy to be implemented in the European Union with the assimilation of a genuine cosmopolitan right will depend on the creation of spaces of consensus (in a European civil society that has overcome the differences), as well as on the understanding (derived from communicative actions) that European citizens should be aware that they are the authors and addressees of laws (the very modern sense of democracy as a civil society participation) and that the project to construct modernity and cosmopolitan law is still under construction, despite the cultural hurdles and ancient arenas.