II. The Treaty Establishing a Constitution for Europe

 

II.1 Dissolving of the Pillar Structure

One central motivation of the Convention was to replace the patchwork, which is currently forming the legal basis of the Union. The pillar architecture [Graphic] had resulted from earlier voluntary cooperation in matters of politics, and incremental pragmatic agreements in the area of justice and home affairs. This legal foundation was first spelt out fully in the Maastricht Treaty (1993) and subsequently came to be modified by the revision of Amsterdam (1999), and it remains an intricate arrangement. Contrary to some assessments and best intentions of the Convention, relevant characteristics of the pillar construction still exist and continue to apply - masked through only slightly different labels.

As a substitute for the pillar structure, the Constitutional Treaty envisages a unitary legal basis as documented through the establishment of the Union 's "legal personality" (Art. I-7 TCE). It suggests a single consistent logic for the "categories of competences" (Art. I-12 TCE) and the "legal acts of the Union" (Art. I-33 TCE). Such a simplification could prove to be a useful and workable concept and constitute a considerable improvement with regards to terminology and "transparency". The change of terms, for example "European framework law" (Art. I-33 TCE) instead of the previous notion of "directive" (Art. 249 TEC), is not - in itself - sufficient for a major change. While such smaller steps are of importance, they can be no more than a starting point for further-reaching considerations. The Constitutional Treaty has gone some way in achieving a consolidation of the existing legal basis, but for a deeper analysis, attention should be drawn to the finally relevant parts: "The scope and arrangements for exercising the Union's competences shall be determined by the provisions specific to each area in Part III" (Art. I-12 (6) TCE). There, some already existing provisions are kept, while others are modified.

The Constitutional Treaty is divided in four parts [Graphic]. In the first part provisions of the 'definition and objectives of the Union ', the competences and the institutions are laid down. The third part of the treaty defines the 'policies and functioning of the Union ', while 'general and final provisions' including procedures of amendment are regulated by the fourth part. The 'Charter of Fundamental Rights of the Union' is incorporated in the treaty making up the second part.

 

 

 

Links:

• Amsterdam Treaty (1999)
• Treaty establishing a Constitution for Europe
• Maastricht Treaty (1993)