Federal and confederal influences in the treaty establishing constitution for Europe

Abstract

Before the pessimism that set in after the referenda held in France and in the Netherlands, The Treaty Establishing a Constitution for Europe had been considered as a milestone in the history of European Integration especially by those favouring an EU on federal basis. This is understandable as federalism encompasses aspects such as 'unity and diversity', subsidiarity and democracy. Yet, the federal influences in the Treaty Establishing a Constitution for Europe should not be overemphasized as these are counteracted by the confederal elements. Some member states, despite the fact that they have been part of the EU for many years, are still jealous of their sovereignty. For this reason they ensured that in many issues such as those in the second and third pillar, member states will still have the last word. Thus, in conclusion, even if the Treaty Establishing a Constitution for Europe tries to add more federal elements to the EU, the end result cannot be considered a success in this regard.