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E-Learning Unit 3: The EU Institutions and Modes of Governance

  1. Introduction
  2. The Treaty Establishing a Constitution for Europe
    1. Dissolving of the Pillar Structure
    2. Reforming the Union´s Competencies
      1. A Clear-Cut Catalogue of Competences?
      2. Categories of Competences
    3. Reforming the Procedures and Instruments
      1. Revision Procedures
      2. Legislative Procedures
      3. Budgetary Procedure
  3. A Revised Institutional Architecture
    1. The European Parliament
      1. Increase in Competence and Function
      2. With New Strength Towards a Bicameral System
      3. A Full-Fledged Parliament?
    2. The European Council
      1. An Expanded List of Tasks
      2. The President of the European Council
    3. The Council of Ministers
      1. Composition of the Council and its Presidency
      2. The New Majority Formula
      3. An Enhanced Ability?
    4. The Union Minister for Foreign Affairs
    5. The European Commission
      1. Reforms in the Light of European 'Leitideen'
      2. An Enhanced President of the Commission
      3. The College
  4. Perspectives
    1. Towards a New Institutional Balance?
    2. In a Fusion Trend?
    3. The TCE as a Further Step in the Evolution of European States?
  5. Further Readings

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IV.3 The TCE as a Further Step in the Evolution of European States?

Beyond the theory of European integration, or the logic of fusion, the Constitutional Treaty can be viewed from a larger historical angle even. The Constitutional Treaty shows principal elements of traditional statehood, which go beyond a mere look at the institutions and functions of the Union. While many members of the Convention emphasize the fact that the Constitutional Treaty does not intend the creation of a state, they have inserted symbols commonly attributed to the nation state. The very term "Constitution" already follows in the footsteps of an established terminology commonly associated with forms of the state and its associated political order, even if it need not presume the existence of a state. The preamble of the Treaty propagates visions and missions, which go far beyond a community confined to functional tasks. Analogous to established constitutions, the charter of fundamental rights and, further, the values of the Union (Art. I-2 and Art. I-3 (1) TCE) intend to give meaning to a common identity and thus lend support to a wider Union of values. The most concrete depiction of this vision is expressed through the "Symbols of the Union" (Art I-8 TCE), which comprise its flag, anthem, motto ("united in diversity"), currency and the Union-wide holiday (9 th May).

While most of these symbols have more or less been established in the everyday life of the Union already, their inclusion into the constitutional document is reminiscent of nation states in their attempt to gain legitimacy and secure loyalty amongst the political community through the creation of visible forms of identity and identification. The reference to solidarity, which appears no less than 18 times in the text, for example in the "Solidarity Clause" (Art. I-43 TCE), can help to construct a sense of community through social and civilian interaction - even in the deliberate absence of a binding military assistance clause.

These selected elements of the Constitutional Treaty cannot simply be described in terms of a "postnational" or postmodern era, or "governing beyond the nation state". The line of reasoning, rather, takes up the concept of the modern European state. In this context, the Union under the Constitutional Treaty could be viewed as another stage of a long developmentof the European State .

     

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