Jean Monnet Center at NYU School of Law


VII. Modalities of a Confederation

How a confederation is to be configured need to be worked out in much more detail than time and space permit in the framework of this article. This would require the careful elaboration of provisions governing the institutional set-up, democratic and judicial control, administrative structures, the division of powers between confederation and confederated states, and the granting of citizenship. Furthermore, agreement on principle regarding outstanding disputes like territorial and property settlements would be a prerequisite.26 It is good to see that recently, Bosworth and also Tocci,27 have started to venture into this area. When drawing up proposals, it would seem important to be relatively ambitious, and not to exercise too much restraint, for instance, when endowing the confederation with tasks. These could include such matters as tariffs and external trade, and other areas which generally would be decided at the level of the EU in case of Membership, environmental issues, public health, and combating organised crime. Also property adjustments could come within the competence of the Confederation. The importance of the creation of a confederal court rather than an advisory tribunal is furthermore to be underlined.

26 See Mango, Andrew, "Cyprus and the European Union: The Relevant Factors", in: Centre for the Study of International Relations and Strategic Studies (CERIS), ULB, The need for New Perspectives on Cyprus, Brussels 2000, 22-26, at 23.

27 Bosworth, Stephen, "The Appropriateness of a Cyprus Confederation for the EU", Paper given at the ICCMES Conference on Turkey in the 21st Century, Eastern Mediterranean University, TRNC; Tocci, Nathalie, "The `Cyprus Question': Reshaping Community Identities and Elite Interests Within a Wider European Framework", Centre for European Policy Studies (CEPS), draft working paper, 2000.



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