1 1Tim Corthaut is an assistant and PhD candidate at the Institute for European Law of the Katholieke Universiteit Leuven (Belgium). The author wishes to thank Roemer Lemaitre, Frederik Naert and Cedric Ryngaert for their valuable comments. My
thoughts moreover crystallized during valuable in-depth discussions with Julia Kohler and Sebastian Steinbarth on their LLM-papers. An embryonic version of this paper was presented at a seminar on the European Constitution in Leuven on July 7, 2004. All errors and omissions are of course entirely
due to the author.