IV.2 In a Fusion Trend?

The presented results allow a first tentative answer to the question, whether the singular working methods of the Convention have given the constitutional evolution a qualitatively distinctive momentum following a different path than previous rounds of treaty reform; or even if the proceedings reveal a further step in a continuous and consistent trend towards "an ever closer fusion" [Graphic]?

In the light of still varying changes of the Constitutional Treaty, a final conclusion cannot yet be drawn. In single sectors, such as the area of freedom security and justice, the Constitutional Treaty documents partial steps in a this path from non-binding agreements to communitarian methods under intensive participation of national governments. For other provisions, this trend continues with more limitations.

With respect to the institutional architecture, the Constitutional Treaty strengthens an enduring development towards further institutional fusion. The concurrent strengthening and merging of community elements together with intergovernmental aspects can be observed most clearly in the office of the Union Minister for Foreign Affairs (see above). Quite literally, even the two words 'constitutional' and 'Treaty' depict such a mixed evolution.

Given some formulae of compromise in the institutional architecture, which may promise only limited success, the pressure for further reforms will intensify with the first failures. Crumbling legitimacy due to insufficient output of the Union , which could emerge especially in the area of foreign and security policy, may prompt a discussion over further-reaching constitutional steps on a "fusion ladder". It thus remains doubtful, whether this Constitutional Treaty was indeed written to last a generation: Following the trend of constitutional steps over the last two decades and with view to unpredictable challenges to some institutional innovations, the call for further reforms will be heard relatively soon after the Treaty's entering into force. Also, the possibility cannot be excluded that the question concerning the actual implementation of the draft will repose itself in a shorter while even - that is, after the possible failure of national referenda. There are several legal possibilities of taking things further, but their admissibility and political feasibility will have to be examined further.