EU president Italy has said progress towards clinching a deal on a constitution ahs been made at meetings today but the vote-weighting problem looks as intractable as ever.
The Italians hope to finalise an accord at an EU summit next month before it hands over to Ireland at the end of the year.
Italian foreign minister Mr Franco Frattini today indicated what has long been considered an unrealisable goal could now be in sight.
"We exceeded our expectations," he told reporters.
However, the Spain and Poland are determined to cling to the current system of vote weighting which, relative to their populations, gives them a disproportionate say in EU decision-making.
While Mr Farattini was upbeat, German foreign minister Mr Joschka Fischer said: "I am leaving Naples more concerned than I was when I arrived."
The question of voting power has dogged negotiations on new procedures needed to allow the accession of ten new countries.
The Nice Treaty, gave Poland and Spain voting power close to that of Germany, even though their population is just under 40 million, against 82 million Germans.
Madrid and Warsaw implacably opposed the constitution draft, which provides for most decisions to be taken by a "double majority" of at least half of EU member states representing 60 per cent of the total population.
If the matter is not resolved next month then it will on Ireland's presidency to get agreement on the main issue holding up the creation of a new constitution.
Apart from outline agreement on defence policy, there was also progress today on the size of the new-look European Parliament and a common view on the responsibilities of a new EU foreign minister.