The Flexibility of Constitutional Design: Enlargement and the Council of the European Union

Abstract: The choice of a decision rule for the Council of the EU constitutes a trade-off in terms of decreased sovereignty for individual governments versus an increased 'capacity to act'. The provisions of the draft constitutional treaty would considerably increase constitutional flexibility regar...

Ausführliche Beschreibung

Bibliographische Detailangaben
Link(s) zu Dokument(en):IHS Publikation
1. Verfasser: Hosli, Madeleine O.
Format: IHS Series NonPeerReviewed
Sprache:Englisch
Veröffentlicht: Institut für Höhere Studien 2004
Beschreibung
Zusammenfassung:Abstract: The choice of a decision rule for the Council of the EU constitutes a trade-off in terms of decreased sovereignty for individual governments versus an increased 'capacity to act'. The provisions of the draft constitutional treaty would considerably increase constitutional flexibility regarding day-to-day decision-making in the EU, but without adequately protectingthe interests of the citizens of smaller and medium-sized member states. By comparison, provisions foreseen in the Treaty of Nice, which essentially amount to the implementation of a 'triple-majority rule' in Council decision-making, would lower the Council's capacity to act, but would lead to a more moderate 're-balancing' in favor of larger EU states. Finally, thepaper provides background calculations indicating that, with twenty-five member states, the EU risks being unable to reach intergovernmental agreement and hence, a challenging issue for the EU is to move towards provisions allowing for its own constitution, once adopted, to be amended.;