DEBATE ON THE AMENDMENTS TO ARTICLES 8 TO 16 OF THE DRAFT CONSTITUTION

Following the plenary session on 28 February dealing with Articles 8 to 16 of the draft Constitution and the amendments tabled by Convention members, the latter continued their discussions during an additional session chaired by Mr Giuliano Amato, Vice-Chairman of the Convention. The morning discussions were structured around Articles 8 and 9 on principles, and the afternoon discussions around the other Articles on competences.

Articles 8 and 9: principles and application of principles

Source of competences

1. Some Convention members emphasised that the Articles on competences (starting with Article 8(2) on the principle of conferral) should state that it was the Member States and not the Constitution that conferred competences. The reference to the Constitution should therefore be preceded by the preposition "in" (or "in accordance with the provisions of") rather than "by". Others pointed out that the current Treaties already contained the expression "powers conferred upon it by this Treaty" (see, for example, Article 5(1) of the TEC) and saw no reason to change it since the Constitution formally remained a Treaty.

To see the full report, click: http://register.consilium.eu.int/pdf/en/03/cv00/cv00624en03.pdf.