The division of competences between the institutions and member states of the European Union in the draft constitution : has the balance shifted?

Abstract

The constitutional system of all democratic States is founded on the division of power according to the classical Montesquieu scheme: legislative - executive - judicial. Such a division of power can be found in constitutions (or constitutional law rules) of all EU Member States. Now, with the idea of a future European Constitution, we have to deal with this matter at the Union level. The draft treaty, or "Constitutional Treaty", which has been presented by the Praesidium of the Convention will, if adopted lead to a fundamental change of the present power structure of the EU and introduce a large number of reforms which improve the way the Union works and yet strengthen the Union's means of action. In this dissertation I intend putting forward and discussing the questions of whether, through this Draft EU Constitution, the balance of the division of competencies between the Institutions and the Member States of the EU has shifted? How has the balance shifted? Is it moving in a Federal Direction?