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3 results

  • A Unified Set of Instruments: Articles 249 EC; I-32 ff. Draft Convention

  • Koen Lenaerts
  • Journal:
    European Constitutional Law Review / Volume 1 / Issue 1 / January 2005
    Published online by Cambridge University Press:
    12 October 2004, pp. 57-61
    Print publication:
    January 2005

  • A powerful development by the European Constitution exists in the rationalisation of the instruments through which the Union may exercise the competences conferred upon it. This has constituted a particularly sensitive issue for the Convention. Under the EC and EU Treaties, the Union uses no less than 15 different instruments, some having the same appellation but entailing different legal effects, others being rarely used. This diversity has contributed to the development of an obscure patchwork of norms with ill-defined scope, legal effects and institutional origin. That situation consequently limits democratic control over governance at the European level.