Considering the treaties and the actual constitution, the European treaties can not constitute European constitution as they vary greatly. The treaties that enhanced the foundation of European Nations go beyond the classical international treaties, and they contain important element that are not included in the definition of a constitution. As a matter of fact, the European Nations demonstrate unique characteristics when compared with classical international organizations.
The council of these institutions has the power to make decisions that bind on the member states, and to vote by qualified majority without transposition. In addition, the commission of the European institutions is not dependent on the member states, and they have a right to initiate legislation. The European parliament is elected directly and shares with the council the right of making appropriate decisions for the budget and a greater part of legislation.
Besides the unique characteristics of the European institutions, they have both extensive and legislative powers in extensive field of action. In fields such as monetary union, commercial policy, competition, fisheries and agriculture, the European Community has exclusive powers, and in return, the member states lost their sovereign attributions. According to the Court of Justice, the Commission enjoys implied powers, and it helps the Community to conclude agreements with international organizations such as Third States.
This is necessary in achieving the international level objectives assigned by the Community. (Zoller 2005, 403). Member states are expected to implement the European Community law. The member states that violate the law are presented by the commission to the Court of Justice, which in turn interprets the law uniformly ensuring its application by the member states.
According to the court of justice, the member states that violate the European law should compensate individuals for the losses caused. Furthermore, the member states that assume their judgment are subjected to penalty payment imposed by the court. Finally, considering the Amsterdam Treaty, there are provisions that allow the European unions institutions to determine the persistent and serious breach of principle of democracy, rule of law, and respect for human rights in member states