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The European Union institutions in the draft Constitution for Europe

Published online by Cambridge University Press:  22 October 2004

WALTER VAN GERVEN
Affiliation:
Law School, University of Leuven, Tiensestraat 41, Leuven 3000, Belgium E-mail: walter.vangerven@law.kuleuven.ac.be

Extract

This paper deals with the Institutions of the European Union in the draft Treaty establishing a Constitution for Europe (hereinafter: ‘the draft Constitution’) submitted to the European Council meeting in Thessaloniki on 20 June 2003. It describes these institutions and their task from a perspective of the Union's democratic legitimacy. The paper is based on a book entitled The European Union: a Polity of States and Peoples, which will be published by Stanford University Press and Hart Publishing, Oxford. In this book, I examine the democratic legitimacy of the European Union as a whole. The book parts from the proposition that the Union is a ‘body politic’ which develops into a federal system, however not a State, with a parliamentary consensual (non-majoritarian) form of government. In the meantime, the draft Treaty has been amended by the Inter-Governmental Conference (IGC) held in Brussels on 17/18 June 2004. In so far as the amendments relate to the subject of this paper, they are mentioned below in the text or the endnotes.

Type
Research Article
Copyright
© Academia Europaea 2004

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