The European Constitution and the Relation Between European and Member State Powers

Abstract

Whereas the future of the European Constitution is still uncertain, the separation of powers between the EU institutions as well as between the Union and its Member States remains a crucial issue. The question whether the "Constitutional Treaty" forms a constitution can be answered positively if the term "constitution" is understood in a broader sense. The European Constitution reemphasises the existing superiority of the EU legal order to national law, but does not essentially alter the complex relationships with the Member States' constitutions. On the vertical axis of the institutional balance, it elucidates the different kinds of competencies that evolved from the ECJ case-law and strengthens the principles of subsidiarity and proportionality. On the horizontal axis, it clarifies the dividing lines between legislation, administration, and the dispensation of justice.

Keywords: European Constitution, Lisbon Treaty, separation of powers, European legislature, Constitutional treaty, Lisbon Treaty, institutional balance, branches of government, duas politica, trias politica, checks and balances

JEL Classification: K10, K30, K40