What Constitution Does Europe Need? The House that Giscard Built: Constitutional Rooms with a View

The Federal Trust Constitutional Online Paper Series No. 26/03

11 Pages Posted: 8 Apr 2004

See all articles by Paul P. Craig

Paul P. Craig

University of Oxford - Faculty of Law

Date Written: August 2003

Abstract

This paper presents an overview of key features of the Draft Constitution. The analysis is divided into two broad parts. There is an horizontal perspective which analyses the regime of power, control and accountability within the Draft Constitution. The discussion within this section focuses more specifically on the inter-institutional division of power, the Charter of Rights and the provisions concerning the Community courts. The second part of the paper considers the Draft Constitution from a vertical perspective, viz the impact of the Constitution on the relations between the EU and the Member States. The more specific topics discussed within this section are the allocation of competence, the primacy of EU law, and the impact of the Charter of Rights on the Member States.

Keywords: draft Constitution, Charter of Fundamental Rights, competences, primacy of EU law

Suggested Citation

Craig, Paul P., What Constitution Does Europe Need? The House that Giscard Built: Constitutional Rooms with a View (August 2003). The Federal Trust Constitutional Online Paper Series No. 26/03. Available at SSRN: https://ssrn.com/abstract=516784 or http://dx.doi.org/10.2139/ssrn.516784

Paul P. Craig (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

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