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It is an unsettled question how to conceive of a growing polity called the European Union (EU) in legal terms. Now the Treaty establishing a Constitution for Europe (hereafter the Constitutional Treaty) has been signed and put forward for ratification by the twenty-five Member States, it is essential to ask how this Treaty normatively constructs the EU polity, and also inquire whether the Constitutional Treaty is the only constitutional norm on which the EU polity is to be established. Broadly speaking, four types of approach have appeared in the debate over the normative conception of the EC/EU polity so far (Table 1). On the current (i. e. pre-Constitutional Treaty) EC / EU, some have emphasized the ultimate significance of state sovereignty, and have classified the EC/EU essentially as an international organization of a remarkably effective kind (e. g., Hartley 1999, 2001, Denza 2002). They particularly stress the Member States' competence to establish, change and even abolish the EC/EU by concluding treaties. In their view, the legal competence of the current EC / EU derives from the delegation of state sovereign power to the EC / EU by the Member States : the Member States would retain their sovereign power under the EC/EU regime, but for certain enumerated aims of the EC / EU, they would refrain from exercising their power in a way that might frustrate the aims and

The EU as a Plural Constitutional Order: An approach to the Constitutional Treaty