LA NOUVELLE ARCHITECTURE DE L’UNION EUROPÉENNE
NEW ARCHITECTURE OF THE EUROPEAN UNION

Summary/Abstract: The article is devoted to the analysis of the institutional reform, foreseen in the Treaty establishing the first Constitution of the European Union. In the introduction, the main reasons for the proposed reform are stated, among which the incompatibility of the composition of the institutions with the accession of ten new member states and possible future enlargements of the EU is highlighted. The article provides a comparative overview of the current situation foreseen by the treaties and the novelties contained in the Constitution related to the institutional architecture of the EU. Leaving aside the changes concerning the Commission as a sui generis institution of the EU, the reform proposed by the Constitution is analyzed here from the point of view of the legitimacy of the institutions. Therefore, the basis of the reform is the doctrine of double European legitimacy, which was once launched by the European Parliament, according to which the European Parliament represents the union of nations, and the Council represents the union of states. The first part of the article is devoted to one of the two aspects of this legitimacy, the one that comes from the people, and is explained through the three bodies that are involved in the functioning of the European construction. These are the European Parliament, national parliaments and the Regional Council. The project of the future EU Constitution represents a significant step in increasing the role of the European Parliament. On the one hand, the European Parliament became a co-decision maker with the Council, which increased the number of domains for which it is responsible. On the other hand, the Constitution introduces new conceptual solutions related to the size and distribution of seats within the European Parliament, which would be more appropriate to the current number of member states. Taking into account that the EU has been "suffering" from a democratic deficit for a long time and citizens' feeling that they are cut off from decision-making, the Constitution strengthens the role of national parliaments in order to make decisions as close as possible to European citizens. Along with the Constitution, two protocols were proposed: the Protocol on the role of national parliaments in the EU and the Protocol on the application of the principles of subsidiarity and proportionality. The Constitution also gave greater importance to the Regional Committee, one of the newer actors on the European scene (established by the Treaty of Maastricht in 1992). It is a body whose members are elected in general elections, so it somehow reflects democratic and local legitimacy. Another source of legitimacy for the EU is that which comes from the member states which are represented through two institutions: the European Council and the Council of Ministers. One of the biggest novelties foreseen by the Constitution is to grant the European Council the status of an institution. Founded informally in 1974, and first mentioned in the Treaties in 1986, the European Council, as a body composed of heads of state and government, has always given impetus to the development of the Union, defined its goals and political priorities. Therefore, by recognizing the European Council as an equal institution, the Constitution only formalized something that already existed in practice. Among the numerous news that are planned for this institution, the establishment of a stable presidency of the European Council certainly attracts the most attention. The president's mandate lasts two and a half years with the possibility of re-election, in contrast to the previous "round" presidency where presidents changed every six months. Although this proposal caused conflicting comments, one cannot deny a few facts that speak in favor of the establishment of a stable presidency of the European Council. First of all, it has been the practice for several years now that each president has his own list of priorities, many of which concern the interests of his country. In this way, discontinuity in work is created, because priorities change every six months. Then, the rotating presidency is a source of instability, considering that the presidents of other countries of the world do not have a single person representing the EU as an interlocutor in negotiations for more than half a year. Also, with the enlargement of the EU, the number of jobs has also increased, so it is difficult for one person to perform all state affairs in his country, and at the same time have enough time for European problems. Finally, the system of rotating presidency was envisaged for a community of six countries, where one country would preside over the Union for every three years, and in the current EU with 25 member states, it would take 12 and a half years for one country to find itself at the top again. at the head of the Union. As for the Council, the Constitution already in its name proposes to change it to the Council of Ministers. Although, according to the text of the Constitution, the Parliament is now a co-decision maker with the Council of Ministers, there are still certain areas in which the Council retains exclusive executive powers, especially in the domain of foreign policy and common security. The Constitution also proposes certain changes related to the formation of the Council of Ministers. The future of the Constitution is uncertain, given that the French said no in the referendum, and unanimity is necessary for its entry into force. There is no doubt that this outcome was much more influenced by the political context than the text of the Constitution itself. The part of the Constitution that concerns the reform of institutions is the necessity and reality of today's Europe of 25 member states. Although some provisions may be questioned, EU institutions will have to be reformed to adapt to the current geographical map of the EU. And will the reform be carried out under the auspices of the Constitution or someone other act, it remains to be seen.

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