The European Constitution and the Relation Between European and Member State Powers

Zeitschrift für Staats-und Europawissenschaften, Vol. 5, No. 1, pp. 25-45, 2007

21 Pages Posted: 8 Aug 2008 Last revised: 10 Nov 2009

See all articles by Wim J. M. Voermans

Wim J. M. Voermans

Leiden University - Leiden Law School

Henk Griffioen

affiliation not provided to SSRN

Date Written: 2007

Abstract

Whereas the future of the European Constitution is still uncertain, the separation of powers between the EU institutions as well as between the Union and its Member States remains a crucial issue. The question whether the "Constitutional Treaty" forms a constitution can be answered positively if the term "constitution" is understood in a broader sense. The European Constitution reemphasises the existing superiority of the EU legal order to national law, but does not essentially alter the complex relationships with the Member States' constitutions. On the vertical axis of the institutional balance, it elucidates the different kinds of competencies that evolved from the ECJ case-law and strengthens the principles of subsidiarity and proportionality. On the horizontal axis, it clarifies the dividing lines between legislation, administration, and the dispensation of justice.

Keywords: European Constitution, Lisbon Treaty, separation of powers, European legislature, Constitutional treaty, Lisbon Treaty, institutional balance, branches of government, duas politica, trias politica, checks and balances

JEL Classification: K10, K30, K40

Suggested Citation

Voermans, Wim and Griffioen, Henk, The European Constitution and the Relation Between European and Member State Powers (2007). Zeitschrift für Staats-und Europawissenschaften, Vol. 5, No. 1, pp. 25-45, 2007, Available at SSRN: https://ssrn.com/abstract=1210108

Wim Voermans (Contact Author)

Leiden University - Leiden Law School ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

Henk Griffioen

affiliation not provided to SSRN ( email )

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