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How the New European Union Constitution Will Allocate Power between the EU and its Member States – A Textual Analysis

37 Vand. J. Transnat’l L. 993 (2004)

50 Pages Posted: 1 Jul 2010  

Stephen C. Sieberson

Creighton University - School of Law

Date Written: June, 30 2010

Abstract

The new European Union Constitution, if ratified by the EU's Member States, will replace the existing EC Treaty and Treaty on European Union. The Author analyzes the text of the Constitution to determine how it balances the functions and powers of the EU institutions with the role of the Member State
governments within the EU system. Topic areas include the characteristics of the EU, the Union's values and objectives, and the substantive areas of EU activity. In each area the Constitution reveals a determined effort by its drafters to emphasize the corresponding characteristics, values, and powers
of the Member States. The Author's conclusion is that the treaties' delicate balance between the competences of the EU and the states has been attentively maintained in the Constitution.

Keywords: European Union, European Union Constitution

Suggested Citation

Sieberson, Stephen C., How the New European Union Constitution Will Allocate Power between the EU and its Member States – A Textual Analysis (June, 30 2010). 37 Vand. J. Transnat’l L. 993 (2004). Available at SSRN: https://ssrn.com/abstract=1633053

Stephen C. Sieberson (Contact Author)

Creighton University - School of Law ( email )

2500 California Plaza
Omaha, NE 68178
United States

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