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
Date Written: August 2003
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
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