INCONSISTENCIES AND CONTRADICTIONS OF COMMUNITY LAW SYSTEM
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The Leaken Declaration adopted by the European Council on December 15, 2001 indicated weaknesses and inconsistencies of the system based on 'acquis communautaire'. Simultaneously, it advised the Convent to create the text of Constitution which would eliminate these weaknesses and create new solutions strengthening democracy, transparency and effectiveness of the Union. The introduction to the Treaty establishing the Constitution for Europe ( adopted October 29, 2004 in Rome ) claims that these objectives have been realized. But does it find confirmation in legal regulations of the above-mentioned Act? To answer this question the author first analyses the most essential weaknesses of 'acquis communautaire' and then the solutions adopted in the EU Constitution. The carried out juxtaposition indicates that 30 most essential shortcomings have been transferred to the Constitution. A lot of new ones have been added to 'transferred' shortcomings which resulted from mutual contradictions and inconsistencies of the Constitution provisions and repetitions of regulations of the same issues. However, in the 'acquis' system elimination of legal loopholes and contradictions and inconsistencies was carried out by the general principles of law. The text of the Constitution, however, does not specify the hierarchical position or the role of the general principles of law so they will not play a similar role in the new system - the system of the EU law . Moreover, the legal shortcomings introduced to the Constitution will be difficult to eliminate and due to the procedure of the Constitution changing and recommendations to seek 'assistance' (unfortunate from lege artis point of view) and the rules of negotiating the Convent agreements.
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