The Author takes step from the approval of the Biarritz Chart and, after a description of the different concepts of Constitution, goes into the analysis of whether or not the European Union can have a Constitution. Then the Author tries to answer to the a second question: is a Constitution necessary for the EU? The reasons for the creation of a Constitution are here outlined together with the content to be of the future Chart. Afterwards, the definition of social rights is analysed and they are classified as fundamental rights within the EU system. The crucial question is if a EU Constitution can put a restraint to the new tendencies towards liberalism or if, on the contrary, it can end up to be a tool to reduce constitutional rights within the member states. The Author finally analyses the relationship existing between the Ue Chart of rights of Biarritz and the Italian Constitution.