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

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.