Reflections on the reform of competences in the Treaty establishing a Constitution for Europe

Abstract:

One of the most complex constitutional issues in the European Union is the delimitation of competences. On 18 June 2004, the Intergovernmental Conference approved the text of a Treaty establishing a Constitution for Europe. In accordance with the Laeken mandate, it contains several changes to the current system designed to clarify, simplify and adjust the division of competences between the Union and the member states. This article examines the order of competences proposed in the Constitutional Treaty in the light of the challenge to create a more democratic, more transparent and more efficient Union.