1) If I understand correctly, Smitdtz suggests a middle position between and teleological and emerging account to justify the state. He argues for an teleological account that draws a normative but realistic goal of states by considering not hypotheical but actual constent. A goal set that way justifies the state as a mean to achieve the goal. But would this argument still hold for the EU?
2) Assumed that some countries are more influenced by norms and values and others more by economic interests, the normative setting of goals is not a homogeneous agreement on influencing factors and therefore the goals might be difficult to set.