Abstract

http://ssrn.com/abstract=1628884
 


 



Worth Doing Well – The Improvable European Union Constitution


Stephen C. Sieberson


Creighton University - School of Law

2005

Michigan Journal of International Law, Vol. 26, p. 587, 2005

Abstract:     
The European Union Constitution’ (Constitution) was born of a desire to reorganize and simplify the existing EU Treaties in anticipation of the European Union’s (EU or Union) addition of ten new Member States in 2004. Its ratification is still in process at the time of publication of this Article, but the Constitution is intended to become the new foundational instrument for the EU.

The internal dynamics of the expanded Union and the external economic and geopolitical forces pressing against it will test the new Constitution, and it is premature to predict whether the instrument, if ratified, will serve the Union well. Nevertheless, one thing that can be done now is to evaluate the Constitution as a document. It can be analyzed in terms of its organization, its consistency, and its readability. Has it been well crafted? Is it more approachable than the Treaties? Is it a fitting product of the process that created it?

As background for this critique of the Constitution, Part II of this Article provides a brief overview of the existing EU Treaties, their shortcomings, and the political processes that culminated in the creation of the new Constitution. Of particular interest are certain goals articulated for the new document, such as the desire to replace the complex Treaties with a simpler, more approachable instrument. Part III is a summary of the Constitution’s textual content, details that are necessary to illuminate the analysis that follows. Part IV offers a critical review of the awkward manner in which the Constitution is organized. In particular, it focuses on the confusion created by scattering related provisions throughout the various parts of the document. Part V proposes two possible solutions to this drafting problem. One would maintain most of the present text but with many of the overlapping parts merged together. The second would eliminate much of the Constitution's detail in favor of a more basic statement of critical principles. The conclusion is that the Constitution as written is not as effective as it could be, and that its quality as a document does not match its importance as an expression of political will.

Number of Pages in PDF File: 32

Keywords: European Union, European Union Constitution

Accepted Paper Series


Download This Paper

Date posted: August 23, 2010  

Suggested Citation

Sieberson, Stephen C., Worth Doing Well – The Improvable European Union Constitution (2005). Michigan Journal of International Law, Vol. 26, p. 587, 2005 . Available at SSRN: http://ssrn.com/abstract=1628884

Contact Information

Stephen C. Sieberson (Contact Author)
Creighton University - School of Law ( email )
2500 California Plaza
Omaha, NE 68178
United States
Feedback to SSRN


Paper statistics
Abstract Views: 138
Downloads: 7

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.578 seconds