This Article contains some reflections concerning the Draft Treaty establishing a Constitution for Europe (“the Draft Treaty”), which was approved by the European Council on September 28, 2004 and formally signed in Rome on October 29, 2004. At the time of writing in early 2005, it is presently in the process of ratification by the twenty-five Member States of the European Union (“EU”). The Article is primarily concerned with the extent to which the Treaty is a constitution, and its merits and demerits as such. It does not go in any depth into the political desirability of some of the changes made by the Treaty.
The Treaty Establishing A Constitution for Europe,
28 Fordham Int'l L.J. 1091
Available at: http://ir.lawnet.fordham.edu/ilj/vol28/iss4/8