Comment on Timo Tohidipur

Abstract

But he has nothing at all on!" at last cried out all the people. The Emperor was vexed, for he knew that the people were right; but he thought the procession must go on now! And the lords of the bedchamber took greater pains than ever, to appear to be holding up a train, although, in reality, there was no train to hold." ** A. Does the Emperor have New Clothes? The ECB presentation provides a good opportunity to develop some reflections on the unity of the European Constitutional Treaty. In a helpful introduction to the article, its author affirms that taking a look at the ECB of today means rethinking the emperor's idea to a certain extent. In fact the ECB is so independent that it seems untouchable. 1 The author provides a very useful survey of de lega lata, pursuant to which, the institutional standing of the ECB becomes very clear. The most important change is that the Constitutional Treaty includes the ECB among the institutions of the European Union. At the same time we may not forget that the ECB is already considered a Community institution under the ECJ case law. Consequently, the example of ECB justifies a statement that the constitutional legal order of the EU was reexamined and worked out in the Constitutional Treaty. 2 The reference to the fairy tale "The Emperor's New Clothes" may serve as a good source of reflections not only on the ECB, but also on the European Union and its Constitution in general.