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


  • Paul Craig


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.

Suggested Citation

  • Paul Craig, 2004. "The Constitutional Treaty: Legislative and Executive Power in the Emerging Constitutional Order," EUI-LAW Working Papers 7, European University Institute (EUI), Department of Law.
  • Handle: RePEc:erp:euilaw:p0007

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    Cited by:

    1. Spyros Blavoukos & Dimitris Bourantonis & George Pagoulatos, 2007. "A President for the European Union: A New Actor in Town?," Journal of Common Market Studies, Wiley Blackwell, vol. 45, pages 231-252, June.
    2. 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).

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

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