Development of constitution for Europe has become a highly topical subject that is in constant debate. Some people think that adoption of European constitution is a base for the development of European Federal state. On the other hand, other people think the European Nations should adopt the European constitution to give the nations more legitimacy and not to become United States of Europe. Currently, the treaties that are characterized by the Court of Justice of the European Communities as the foundation are used as the Constitutional Charter.
As a matter of fact, the constitutional treaty, it is not similar to the constitution of the states thus requires some transformation or improvement of the constitutional features of the unions that developed the treaties. The present situation of the United Nations is characterized by the presence of law-making institutions that includes a council.
The council is made of European parliament that is elected directly, and the members of the national government, of the states involved. The powers of administrative and budgetary acts and co-deciding legislative are proposed by the commission, but are shared by the parliament and Council.
The Council for implementation of Community law gives the commission powers to exercise. Moreover, it ensures the states comply with the law by taking the states that have failed to fulfill their obligations to the court. (Piris, 2000). According to the treaties, the power to approve the appointments of the commission and of the president of the commission is shared by both the member states and the parliament, but the power to remove the commission from the office is entirely owned by the parliament.
The laws adopted by these institutions in field of the European Community’s power are superior to laws of individual member states. This paper has discussed reasons why the European Treaty can not constitute European Constitution. Moreover, it has discussed the differences between the treaty and the constitution, reasons why the European Union or Community is not a Nation State.