A team of academic lawyers from the University of Cambridge has prepared a draft constitutional treaty for the European Union. The document was sponsored by the UK government and submitted by them to the Convention on the Future of Europe, the body which is undertaking a fundamental re-examination of the institutional architecture of the European Union.

The Cambridge team was led by Alan Dashwood, Professor of European Law and a member of the Centre for European Legal Studies. Although the document represents the views of Professor Dashwood and his colleagues, it was drawn up after consultation with government ministers and senior civil servants and its 'Euro-realist' approach is broadly in line with that of the government.

Whilst the very idea of a constitution has proved controversial with those who oppose any further European integration, there is little doubt that the complex web of treaties and case law which currently define the EU's powers and structures is confusing.

"Our draft constitutional treaty is not a blueprint for a federal superstate. Its primary aim is to bring out the unique character of the Union, as a legal and political entity which is neither an international organisation nor a state. The proposed description of the Union as a 'constitutional order of sovereign states' is designed to convey the idea that the member states exercise their sovereignties in common, through the institutions of the Union, whilst maintaining their national identities intact," explained Professor Dashwood.

The document was drafted over three months this summer and is described by Professor Dashwood as "very much a team effort". On the team were four members of the Law Faculty: Michael Dougan, Christophe Hillion (now at UCL), Angus Johnston and Eleanor Spaventa. Each of the team drafted individual articles which were then discussed by the whole group. The resulting document is believed to be the only submission to the Convention from academic lawyers.

"We are very pleased to have been asked to contribute. It is a very positive step that the government has encouraged academics to get involved in this process," said Professor Dashwood.

Those interested in the balance of power between the EU and its constituent members may wish to attend the forthcoming annual Mackenzie-Stuart lecture which will be given by Judge David Edward of the European Court of Justice. The title of the lecture is "National Courts - the Powerhouse of Community Law". The lecture will take place on Friday 18 October at the Faculty of Law on the Sidgwick site and it begins at 5.15pm.

For further details, please contact: Diane Abraham, CELS, 10 West Road, Cambridge CB3 9DZ, Tel: 01223 330093, Fax: 01223 330095, email: cels@law.cam.ac.uk


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