As background for this critique of the Constitution, Part II of this Article provides a brief overview of the existing EU Treaties, their shortcomings, and the political processes that culminated in the creation of the new Constitution. Of particular interest are certain goals articulated for the new document, such as the desire to replace the complex Treaties with a simpler, more approachable instrument. Part III is a summary of the Constitution's textual content, details that are necessary to illuminate the analysis that follows. Part IV offers a critical review of the awkward manner in which the Constitution is organized. In particular, it focuses on the confusion created by scattering related provisions throughout the various parts of the document. Part V proposes two possible solutions to this drafting problem. One would maintain most of the present text but with many of the overlapping parts merged together. The second would eliminate much of the Constitution's detail in favor of a more basic statement of critical principles. The conclusion is that the Constitution as written is not as effective as it could be, and that its quality as a document does not match its importance as an expression of political will
Stephen C. Sieberson,
Worth Doing Well- The Improvable European Union Constitution,
Mich. J. Int'l L.
Available at: http://repository.law.umich.edu/mjil/vol26/iss2/2