The structure of the Union according to the Constitution for Europe: the emperor is getting dressed

Abstract:

The Constitution proposes a novel unified structure for the European Union, which would create for good a self-governing constitutional regime co-existing with Member States in "full mutual respect". This new balanced construction is the result of a process of re-constitution of the European level of governance through the works of the Convention. Hence, the Union endowed with this new structure might now, as a political authority in its own right, engender collective identification and contribute to the foundation of a European identity. To support this conclusion, the article analyses various formal and substantive developments proposed by the Constitution pertaining to the structure of the Union, including the means to implement the powers conferred upon it and the checks to the exercise of its duties as a public authority.