Skiftande maktbalans? : - en analys av det nya EU-fördragets konsekvenser för EG-domstolen

ABSTRACT University: Växjö University, school of social science, department of political science Level: Bachelor’s thesis in political science Title: SHIFTING BALANCE OF POWER? – an analyze of the new EU-treaty’s consequences for the EC-court. Academic adviser: Associate professor Stefan Höjelid Author: Magnus Nordahl This study focuses on the increased role of the European Court of Justice through the establishment of a Constitution for Europe and its impact on the balance of power, both horizontal and vertical. To do this, the study takes its aims from the research problem, formulated as follows: Does the establishment of a constitution for Europe contribute to an increased role for the European Court of Justice and does it create a more legible horizontal and vertical division of power? To reach the relevant analyses and conclusions two precise questions are presented as well as an analytical model. The precise questions are: • Which are the relevant contributions for the balance of power from a perspective of juridification in the new EU-treaty? • What impacts do those contributions have on the so called ‘European federalism’? The theoretical perspective of this study is rooted in the concept of federalism with special emphasizes on constitution and sovereignty as well as a part about the process of juridification. Along with the presented analytical model consisting of a horizontal and vertical division of power, the empirical material is presented with focus on the new EU-treaty about a constitution for Europe and the European Court of Justice. By doing this, analyses are made about the changing power of the ECJ and the new EU-treaty from a perspective of division of power, federalism and juridification. Through the establishment of the EU-treaty about the creation of a constitution the ECJ receive a clearer platform to act upon which contributes to a more legible division of power, both horizontal and vertical. This due to the fact that the new EU-treaty will take place as the highest law within the EU, something that the ECJ have the right to interpret. The whole process is also a broader recognition of the process of juridification where judicial power increases on the cost of politics. Keywords: Constitution, Division of power, EU, ECJ, Federalism, Juridification, and Sovereignty