The EU needs

aconstitutionIvan Grigoryev, group 1B

September 30th

1.Does the EU have a Constitution already?

2.What kind of Constitution is it?

3.Is it a 'proper' one? What is 'proper'for the EU?

4.Is 'proper' Сonstitution a Сonstitution at all?And why call it a constitution if it's not?

Outline

1.Does the EU have a constitution already?

no, it doesn't

comparison to the constitu-tions of the member states

France + Netherlands '05

yes, it has

'constitutional charter' (Case 294/83, Les Verts)

literature on the constitutionalising the EU (Joseph Weiler, 'The Constitution of Europe')

What is constitutionalising?

a process of legal consolidation of the achievements of integration:

1.challenge from the 'everyday politics' (Christiansen & Reh)2.response by the supranational bodies3.consolidation by the IGC and incorporation into the Treaty

how constitutionalising works?

challenge from the 'everyday politics'

engagement of as many actors as possible (especially the non-governmental ones)

response by the supranational bodies

high efficiency of the supranational decision-making

consolidation by the IGC and incorporation into the Treaty

high efficiency of the intergovernmental decision-making

model condition

2.What kind of constitution is it?

Existent constitution is...discrete

incompletemade for lawyers

not for people

3.Is it a 'proper' one? What is 'proper' for the EU?

What is 'proper'?

1.proper for the EU -> i.e. not too much of a constitution/statehood2.proper for the notion of constitution that we have -> i.e. like in nation states

this is a logical trap

What is 'proper'?3.proper for continuous integration

challenge from the 'everyday politics'

engagement of as many actors as possible (especially the non-governmental ones)

response by the supranational bodies

high efficiency of the supranational decision-making

consolidation by the IGC and incorporation into the Treaty

high efficiency of the intergovernmental decision-making

Involvement of nongovernmentalactors

excessive complexity →no fresh blood

supranational actors locked in the first pillar

Too many passengers,too small a bike

more proper then is

easier to understand, no pillars, more QMV, closer to citizens,simpler

4.Is proper constitution a constitution at all? And why call it a Constitution if it's not?

constitution is a tool

1.single text2.false finalité politique3.explains the profound reform

4.C-word is a teaser

thank you