Advanced Search
MyIDEAS: Login to save this paper or follow this series

The Constitutional Treaty: Legislative and Executive Power in the Emerging Constitutional Order


Author Info

  • Paul Craig
Registered author(s):


    Issues concerning the disposition of power as between the major EU institutions were among the most contentious during the debates in the Convention on the Future of Europe. This paper analyses these issues in political and legal terms. The discussion begins with the process employed in the Convention for discussion of these controversial issues. This is followed by analysis of the changes proposed in relation to the exercise of legislative power within the EU. The greater part of the discussion focuses on the location and disposition of executive power, since this was the most contentious aspect of all. There were several topics within this area over which there were sharply divided views, including the election of the Commission President, the internal organisation of the Commission, the internal organization of the Council and the Presidency or Presidencies of the EU. The paper analyses these issues, considers the way in which they were resolved in the Draft Constitution, and the legitimacy of the solutions. This is followed by examination as to how the institutions exercising executive power are likely to interact in practice.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL:
    File Function: Full text
    Download Restriction: no

    Bibliographic Info

    Paper provided by European University Institute (EUI), Department of Law in its series EUI-LAW Working Papers with number 7.

    as in new window
    Date of creation: 01 Jun 2004
    Date of revision:
    Handle: RePEc:erp:euilaw:p0007

    Contact details of provider:
    Web page:

    Related research

    Keywords: constitution building; European Convention; competences; institutions; legislative procedure;

    This paper has been announced in the following NEP Reports:


    No references listed on IDEAS
    You can help add them by filling out this form.


    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as in new window

    Cited by:
    1. Eva Nieto Garrido, 2005. "The Strengthening of the Commission Competences by the Constitutional Treaty and the Principle of Balance of Power," EUI-RSCAS Working Papers 3, European University Institute (EUI), Robert Schuman Centre of Advanced Studies (RSCAS).


    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.


    Access and download statistics


    When requesting a correction, please mention this item's handle: RePEc:erp:euilaw:p0007. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Machteld Nijsten).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.