No. 2, European Group of Public Law, “Proposal on the Debate on the European Constitution” / Groupe Européen de Droit Public, “Proposition sur le débat pour une Constitution européenne”
This Report (January 2003) constitutes the output of the scientific work of the European Group of Public Law on the key-issue of the European Constitution. This contribution broadly reflects the views of a great number of experts in the field of European Law and European Public Law that came together under the presidency of Guy Braibant to exchange ideas and set forth proposals for the debate at the time taking place within the Convention on the Future of Europe; a debate which would determine to a great extent the institutional structure of the future Europe and would, in turn, influence the destiny of the peoples in Europe. It has been considered, therefore, a responsibility for those academics throughout Europe being members of the European Group of Public Law to become active members in this historical coincidence.
The Committee held a number of workshops in Athens, Spetses and Paris. The Committee’s report presents a number of responses to the fundamental questions relating to the future of Europe and sets out independent proposals for the benefit of the European peoples and the well-being and stability of the European Union.
TABLE OF CONTENTS
EUROPEAN GROUP OF PUBLIC LAW
PROPOSAL ON THE DEBATE ON THE EUROPEAN CONSTITUTION
Introduction
1. Division of Competence
1.1 Issues of Terminology
1.2 Method of Division
1.3 Principles of Division
1.4 Controlling Mechanism
2. Issues of Constitutional Structure and Methodology
2.1 Terminology and Contents of the Constitution
2.2 EU Decision-making Process
2.3 Internal Division of Powers
2.4 Constitutional Amendment Procedures
3. The European Government
4. Efficiency of Decision-making - Simplification of Procedures
4.1 EU Decision-making Process
4.2 EU Legal Personality, Treaties and Pillars
4.3 Principles of Governance
5. Human Rights within the EU - The Case of the Charter of Fundamental Rights
6. Citizens, Powers and the Rule of Law
6.1 The European Citizenship
6.2 Judicial Protection of Citizens
Concluding Remark
