Skip to main content Accessibility help
×
Hostname: page-component-7bb8b95d7b-dtkg6 Total loading time: 0 Render date: 2024-09-12T08:27:41.365Z Has data issue: false hasContentIssue false

3 - Changes in structures and procedures

Published online by Cambridge University Press:  04 August 2010

Jean-Claude Piris
Affiliation:
Director General of the Legal Service, Council of the European Union
Get access

Summary

The Constitution will restructure the existing texts of the Treaties, streamline legal instruments and procedures and codify long‐standing principles and rules, so as to try and make these texts more consistent and easier to read for the users.

Up to the Constitution, the original Treaties from 1957 had been amended 15 times. As a result, there are at present about 2800 pages of primary law contained in 17 Treaties or Acts, three legal personalities, three so‐called ‘pillars’, 15 types of different legal instruments and several types of decision‐making procedures. Restructuring all this and trying to make it more readable was long‐needed.

This restructuring is the most visible and, in a way, the most revolutionary work achieved by the Convention and the IGC. The choice was made to repeal all existing Treaties and to replace them by the single, restructured, text of the Constitution. This choice entails the re‐ratification by Member States of all those existing, and often old, provisions which have been recopied without any substantial changes for the Rome Treaty into the Constitution. This re‐ratification opens the political opportunity for Euro‐sceptics of all kinds to criticise one or other provision of the present Treaties, claiming that it confers a new competence on the Union, whereas in reality it has been existing for a long time and has been already ratified in the past.

Type
Chapter
Information
The Constitution for Europe
A Legal Analysis
, pp. 56 - 86
Publisher: Cambridge University Press
Print publication year: 2006

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×