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TOWARDS CONSTITUTIONAL CHARACTERIZATION OF THE TREATY ESTABLISHING A CONSTITUTION FOR EUROPE

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Nikodem D.

Studia Prawnicze

2006

issue 3(169)

113-118

The author considers which form of association of EU states the Treaty establishing a Constitution for Europe reflects. The word treaty means that one has to deal with the international treaty adopted by the will resulting from equality in law of all EU states. On the other hand the word constitution expresses that the entity established by the treaty has a character which in some respects resembles to that of a state. The EU bears some features of a state - namely citizenship and symbols, nevertheless it does not have its own sovereign power because this is derived from the sovereignty of member states. The EU institutions don't present a copy of classical division of power in the state and in this context one may say that the EU doesn't have its own mechanism of enforcement of legal obligations. In the text of the treaty we don't find an explicit statement that the EU becomes a composed state. Hereafter one has to deal with the international organization with several elements of supranationality whose existence is possible and whose functionning depends on its sovereign member states. Perhaps it seems as most correct to refer to the EU by a functionalist definition.

SOCIAL RECEPTION OF THE TREATY ESTABLISHING A CONSTITUTION FOR EUROPE IN THE FEDERAL REPUBLIC OF GERMANY (Spoleczny odbiór Traktatu ustanawiajacego Konstytucje dla Europy w Republice Federalnej Niemiec)

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Maslak E.

Przegląd Zachodni

2010

issue 2(335)

160-173

The debate that took place in the Federal Republic of Germany on the Treaty establishing a Constitution for Europe deserves special attention on account of the social involvement it triggered. The Constitutional Treaty was discussed not only by politicians and journalists, but also in many academic circles. The issue at stake was whether constitutionalization was the right way of reforming the European Union and solving its institutional problems. The debate was accompanied by a growing public support for the Constitutional Treaty. While intellectuals discussed ways of overcoming the constitutional impasse, Germany, during it presidency of the Council of the European Union was actively engaged in finalizing reforms of the Treaty. Today the Treaty establishing a Constitution for Europe is already part of the history of European integration, but Germany's involvement in the process of treaty changes, accompanied by a broad public debate, show that Germans wish to be seen as a society actively building its European image.

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1 Przegląd Zachodni

1 Studia Prawnicze

1 2010

1 2006

1 Maslak E.

1 Nikodem D.

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TOWARDS CONSTITUTIONAL CHARACTERIZATION OF THE TREATY ESTABLISHING A CONSTITUTION FOR EUROPE

SOCIAL RECEPTION OF THE TREATY ESTABLISHING A CONSTITUTION FOR EUROPE IN THE FEDERAL REPUBLIC OF GERMANY (Spoleczny odbiór Traktatu ustanawiajacego Konstytucje dla Europy w Republice Federalnej Niemiec)