Particularities of the Treaty Establishing a Constitution for Europe
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Abstract
Treaty Establishing a Constitution for Europe is the European Union document, reflecting its unanimity and new quality in general. The term itself – Treaty Establishing a Constitution for Europe – is absolutely new in international law and is firstly used as an official name of international treaty.
This article emphasizes the genesis of a very specific constitutionalism process of European Union. Even before the Constitution for Europe was signed, a few authors developed the idea of a „low intensity“ consitutionalization process in EU. This process may be defined analysing Establishing Treaties of European Union and jurisprudence of European Court of Justice. Adoption of the Treaty Establishing a Constitution for Europe obviously expanded the margins of European Union constitutionalism. Moreover, adoption of the Constitution for Europe raised many other theoretical and practical issues.
Status of the Constitution for Europe is one of the most important issues. This article states that Treaty Establishing a Constitution for Europe is an international treaty. Sucha conclusion is drawn after deep analysis of the Treaty itself and Vienna Convention on International Treaties.
Treaty Establishing a Constitution for Europe also sets forth the particular moment of states’ agreement what is one of the most important features of international treaties. Vienna Convention on International Treaties recognises international treaties as such, notwithstanding the name of a treaty and number of documents constituting it. Thus, second conclusion analysing the status of the Treaty Establishing a Constitution for Europe is that this Treaty is an establishing document of European Union.
It can be summarized that all particularities of an Establishing Treaties may be applied to the Treaty Establishing a Constitution for Europe. This means that the institutions of European Union will not be able to revise the Constitution for Europe. Revision will be possible only with the consent of all EU Member States. According to the jurisprudence of European Court of Justice it is expected that Treaty Establishing a Constitution for Europe will have superiority over other European Union legal acts.
This article emphasizes the genesis of a very specific constitutionalism process of European Union. Even before the Constitution for Europe was signed, a few authors developed the idea of a „low intensity“ consitutionalization process in EU. This process may be defined analysing Establishing Treaties of European Union and jurisprudence of European Court of Justice. Adoption of the Treaty Establishing a Constitution for Europe obviously expanded the margins of European Union constitutionalism. Moreover, adoption of the Constitution for Europe raised many other theoretical and practical issues.
Status of the Constitution for Europe is one of the most important issues. This article states that Treaty Establishing a Constitution for Europe is an international treaty. Sucha conclusion is drawn after deep analysis of the Treaty itself and Vienna Convention on International Treaties.
Treaty Establishing a Constitution for Europe also sets forth the particular moment of states’ agreement what is one of the most important features of international treaties. Vienna Convention on International Treaties recognises international treaties as such, notwithstanding the name of a treaty and number of documents constituting it. Thus, second conclusion analysing the status of the Treaty Establishing a Constitution for Europe is that this Treaty is an establishing document of European Union.
It can be summarized that all particularities of an Establishing Treaties may be applied to the Treaty Establishing a Constitution for Europe. This means that the institutions of European Union will not be able to revise the Constitution for Europe. Revision will be possible only with the consent of all EU Member States. According to the jurisprudence of European Court of Justice it is expected that Treaty Establishing a Constitution for Europe will have superiority over other European Union legal acts.
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Please see Copyright and Licence Agreement for further details.
