segunda-feira, julho 28, 2003
Um artigo do Daily Telegraph prova que, apesar de não conter o termo, estamos perante uma constuição federalista e "dirigista":
In many ways, this new European Constitution fits the model of existing federal constitutions. The word "federal" was removed by the drafters for cosmetic purposes, but the structure - which that word correctly described - remained unchanged. Part I lists first the "exclusive" powers of the EU (the federal government), and then the "shared" powers, where the member states are allowed to act "to the extent that the Union has not exercised" its own power. This is directly modelled on Chapter VII of the German constitution, which distinguishes "exclusive" and "concurrent" powers, and allows the provinces to make laws about the latter "to the extent that the Federation does not use its legislative power".
The list of "exclusive" powers in the new EU Constitution is admittedly quite short; but many of the powers usually exercised by federal governments are listed in the "shared" category, and the mechanisms are in place for the European federal authorities to take over as much of them as they need. What is entirely lacking is a list of the exclusive powers of national governments. In theory this is unnecessary, as they retain all powers not otherwise listed.
In practice it might be embarrassing to compile such a list, as it would reveal how few items of significance were left at the national level. The Indian constitution makes salutary reading here. Its list of the exclusive powers of the individual states includes major items such as agriculture and fisheries - matters controlled by the governments of Mysore and Uttar Pradesh, but not by those of Britain and France.
"But if this draft European Constitution is in some ways a typical federal constitution, in other ways it is one of the most disturbingly untypical constitutions ever written. The purpose of any constitution is to set out the fundamental structure of authority of the state - the powers of the parliament, government and judiciary, the basic rules for elections and citizenship, and so on. A constitution is about legality and political authority. It is not about the particular policies which a government, once it was legally elected, might or might not wish to pursue.
This constitution, on the other hand, is stuffed full of policy statements. The third of its four main sections is actually entitled "The Policies and Functioning of the Union". These policies are mostly defined in terms of "objectives", which range from the sublime ("peace" and "social justice") to the ridiculous ("protecting the physical and moral integrity of sportsmen and sportswomen")"
posted by Miguel Noronha 4:25 da tarde
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