Still a union of deep diversity? The Convention and the Constitution for Europe

Abstract

This paper examines the Convention on the Future of Europe in terms of whether its work bears the imprint of a constitutional treaty or a constitution proper. Two constitutional visions for the EU are presented - deep diversity and constitutional patriotism - and assessed in relation to the existing structure of the EU and the Convention's work and results. It is found that the result is more than mere consolidation. It reflects a further step in the process of forging a viable political entity in Europe. The Convention has taken a number of decisions that appear to weaken the multiple constitutional demoi doctrine associated with constitutional treaty, and to move the EU closer to one based on constitutional patriotism. The Convention's very use of the terminology of constitution could be potentially significant as a rallying call to bring institutional reality in line with constitutional aspirations, although the result is still ambiguous enough as to require a decision on which constitutional aspirations should serve as the 'leitmotif'.