But he isn't the only one making that Freudian slip. It turns out that the Portuguese presidency of the EU have also left in a couple of references to "the Constitution" in the new text of the
Article 4 of the "new" treaty (a.k.a. Article I-14 of the Constitution) states that "The Union shall share competence with the Member States where the Constitution confers on it a competence which does not relate to the areas referred to in Articles [I-13 and 17].
Article 188c(6) of the "new treaty (a.ka. article III-315 of the Constitution) states that: "The exercise of the competences conferred by this Article in the field of the common commercial policy shall not affect the delimitation of competences between the Union and the Member States, and shall not lead to harmonisation of legislative or regulatory provisions of the Member States insofar as the Constitution excludes such harmonisation."
God knows how a reference to the rejected Constitution slipped into this totally-spanking-new, never-seen-before, amending-institutional-mini-reform treaty. We blame the eurosceptics.