Some remarks on the proposal of the Treaty on the Constitution for Europe
The author deals with the content, changes and legal concepts of the proposal of the Treaty on the European Constitution for Europe of October 2004. He stresses its main innovative aspects such as general simplification in cases of removing present three-pillar structure of the Union, wholeness of the existing legal texts or new introducing of the Charter of Human Rights of the Union. He further states that thanks to the Treaty the Union will acquire legal subjectivity, which will increase general clearness. Generally the legislative means will be arranged more clearly because the Union will introduce new and unified tools with more simple legislative process compared to that one which has been existing so far. This will be also facilitated by the changes in the kinds of the jurisdiction of the Union as well as through the planned institutional measures such as introducing the chairman of the European Council or the minister of foreign affairs of the Union. The author stresses the fact that the legal concept of the sphere of freedom, security and law in the Union Treaty will replace the present idea of judiciary and interior matters, while the Constitution plans to strengthen considerably the EU element in adopting legal acts in this sphere on the basis of the qualified majority
Key words: clause on solidarity, European Union, legal acts of EU, space of freedom, security and rights, Treaty on the Constitution for Europe, Treaty on Constitution.