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The EU Constitutional Treaty and the Member States: Reflections on a Quasi-Federal Polity

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Chapter Summary

This chapter discusses selected aspects of the Constitutional Treaty and the process of constitutional adjudication focusing on the relations between the EU and its Member States. It traces the tendency towards the formalisation of EU law and also discusses the values of the Union, as laid down in Article I-2 of the Constitutional Treaty. Then, after a brief reference to the principle of supremacy, the chapter reviews recent case-law on EU competence and subsidiarity and examines the Protocol on the application of the principles of subsidiarity and proportionality annexed to the Constitution. There is no attempt to be exhaustive but rather to highlight trends and developments. The trend towards the formalisation of Community law, of which the Constitutional Treaty represents the culmination, is a sign of maturity of the EU polity.

Keywords: community competence; EU constitutional treaty; EU member states; EU subsidiarity; gradual formalisation; proportionality



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