ABSTRACT

This chapter proceeds in two main sections: first It examines the implications that a failing Constitutional Treaty would have towards the progressive building of an AFSJ. Secondly, It address the negative consequences that the failure of the Constitution would cause, and whether they could be overcome through other alternative mechanisms. finally, It specifically consider what some may see as an attractive option seeking to limit the damage via institutional behaviour that conforms to the norms set out in the Constitution and examine the risks inherent in such an option. Without the Constitutional Treaty it will not be possible for uniform legal acts to have the same legal effects, nor will it be feasible to adopt for instance, policies on judicial cooperation in criminal matters and police under the EC First Pillar. The common list of complaints associated with this area would have been largely resolved by the Constitutional Treaty.