The European Constitution: changes in the reform of competences with a particular focus on the external dimension

Abstract

One of the core issues in the debate on a future Constitution within the framework of the European Convention was the reform of competences. On 29 October 2004, the Heads of State or Government signed the outcome of the reform process, the Treaty establishing a Constitution for Europe. With regard to the fundamentals of the competence system, namely the attribution and control of competences, as well as the definition of competence categories, the Constitutional Treaty essentially codifies the present acquis communautaire. In the field of external action, however, it introduces significant amendments that might have a considerable impact on the balance of powers within the European Union. This paper analyses these changes. It looks at the potential implications of the institutional amendments regarding the new post of the Union Minister for Foreign Affairs and the strengthened role of the European Council, as well as the newly defined principles and objectives of the Union's external action. Further emphasis is placed on the scope of the Union's external powers following the incorporation of the principle of implied powers, as well as an analysis of the individual competence provisions in Title V of the Constitutional Treaty.