Ms Scallon alleges that Article I-10 of the EU constitution will mean that EU law will supersede the Irish constitution and law. I really hate to be the one to break the news to Ms Scallon, but Article I-10 is only stating in English what is already the case. According to judgements made by the Court of Justice going back to 1962, the law of the European Community, and subsequently the EU, prevails over the law of member states and their constitutions.
Dana also takes issue with the EU having legal personality (Article I-6). Granting an international organisation legal personality makes it subject to international law. This allows the organisation to conclude treaties, submit claims, act before an international court or judge, become a member of an international organisation, or party to international conventions.
The European Union is being granted legal personality simply to give it the same status as the European Community (Article 281), the European Atomic Energy Community (Article 184), and the European Coal and Steel Community (Article 6). Resolving this confusion by simplifying and clarifying the role of the EU is one of the aims behind the EU constitution. It is worrying that a mere man off the street has to correct an MEP of four years’ service about the meaning of the most basic and non-threatening articles in the EU constitution.