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Though the impact of EC law on the legal status of national powers has been fairly well examined, little attention has been paid to the overall evaluation of the relations developed between national authorities. The paper argues that the mutation of the Judiciary and the Executive role vis-à-vis the Legislature appears to be an application of an emerging doctrine in EC public law that conspicuously resembles the 'Checks and Balances' theory of American constitutionalism. The action of one public authority is— or must be—countered by the reaction of another for the benefit of EC law. Apart from identifying the features of this 'principle' in comparison to its equivalent American doctrine, the paper deals with the question of a possible coexistence of this new model of governance with the traditional one. The comparative perspective is necessary here. Whereas in Germany the constitutional model appears to cope with European demands, in France it seems largely opposed to such a dynamic conception of the separation of powers. [ABSTRACT FROM AUTHOR]

The article reports that although the European constitution project was rejected, Europe has long since had a constitution in the European treaties. In May and June 2005, France and the Netherlands citizens decided to vote against the proposed constitution. Several reasons why the European treaties represent a constitution for the Union is cited. The European treaties from Rome to Nice constitutionalize a union of democratic legal communities, not an arbitrary hereditary monarchy. These treaties though, are not an egalitarian constitution for the citizenry of Europe.

The article examines the 2005 rejection of the European Constitution Project in a referenda held in France and the Netherlands. For those who voted against the project, it was an awareness that the European Union's free market system was not favoring Europe's middles and working classes. The perception was that Europe's elites were using EU policies to destroy national welfare systems, privatize public services and weaken regulatory devices. The approval of the constitution would have accelerated enlargement of the Union to include Turkey.