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The Treaty establishing a Constitution for Europe, commonly referred to as the European Constitution, is an international treaty intended to create a constitution for the European Union. It was signed in 2004 by representatives of the member states of the Union. Its main aims are to replace the overlapping set of existing treaties that comprise the Union's current constitution, and to streamline decision-making in what is now a 25-member organisation. Despite its name, it only covers the European Union, not the whole of Europe in the geographical sense. A treaty is a binding agreement under international law concluded by subjects of international law, namely states and international organizations. ...
The treaties of the European Union are effectively its constitutional law, making up the EUs primary legislation. ...
World map showing location of Europe Europe is geologically and geographically a peninsula, forming the westernmost part of Eurasia. ...
The constitutional treaty was signed by representatives of the member states on October 29, 2004, and is now in the process of ratification by all of the member states. If this were successful, the treaty would have been scheduled to enter into force on November 1, 2006. However, in 2005, French (May 29) and Dutch (June 1) voters rejected the treaty in referenda, prompting other countries to postpone their ratification procedures and leaving the Constitution with a highly uncertain future. October 29 - Wikipedia, the free encyclopedia /**/ @import /skins-1. ...
2004 is a leap year starting on Thursday of the Gregorian calendar. ...
EU member states and candidates // Current members There are currently 25 member states in the European Union. ...
November 1 is the 305th day of the year (306th in leap years) in the Gregorian Calendar, with 60 days remaining. ...
2006 is a common year starting on Sunday of the Gregorian calendar. ...
2005 is a common year starting on Saturday of the Gregorian calendar and is the current year. ...
May 29 is the 149th day of the year in the Gregorian calendar (150th in leap years). ...
June 1 is the 152nd day of the year in the Gregorian calendar (153rd in leap years), with 213 days remaining. ...
This material is offered free of charge for EU-related information and education purposes. ...
This material is offered free of charge for EU-related information and education purposes. ...
The Treaty establishing a Constitution for Europe was signed in Rome on 29 October 2004 by 53 senior political figures from the 25 member states of the European Union. ...
October 29 - Wikipedia, the free encyclopedia /**/ @import /skins-1. ...
2004 is a leap year starting on Thursday of the Gregorian calendar. ...
History
 "Family photo" of European leaders at the signing of the constitutional treaty in Rome; the classical Latin inscription translates as 'Constitution of the European commonwealth' (i.e. Union) Main article: History of the European Constitution This material is offered free of charge for EU-related information and education purposes. ...
This material is offered free of charge for EU-related information and education purposes. ...
Family photo of European leaders at the signing of the constitutional treaty in Rome This article discusses the history of the Treaty establishing a Constitution for Europe, which was signed in 2004 and is currently awaiting ratification by European Union member states. ...
The Constitution is based on the EU's two primary existing treaties, the Treaty of Rome of 1957 and the Maastricht treaty of 1992, as modified by the more recent treaties of Amsterdam (1997) and Nice (2001). The current debate on the future of Europe is often said to have begun with a speech made by German Foreign Minister Joschka Fischer in Berlin in 2000 [1], calling for a debate on the finality of European integration. The process started following the Laeken declaration in December 2001, when the European Convention was established to produce a draft of the Constitution, which was eventually published in July 2003. After protracted negotiations during which disputes arose over the proposed framework for qualified majority voting, the final text of the proposed Constitution was agreed upon in June 2004. The Treaty of Rome signing ceremony Signatures in the Treaty The Treaty of Rome refers to the treaty which established the European Economic Community (EEC) and was signed by France, West Germany, Italy, Belgium, the Netherlands and Luxembourg on March 25, 1957. ...
The Maastricht treaty (formally, the Treaty on European Union) was signed on 7 February 1992 in Maastricht between the members of the European Community and entered into force on 1 November 1993. ...
Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts The Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts, commonly known as the Amsterdam Treaty, was signed on...
The Treaty of Nice is a treaty adopted in Nice by the European Council to amend the two founding treaties of the European Union: the Treaty on European Union, or Maastricht Treaty, which introduced the Euro and the 3-pillar structure of the EU; the Treaty of Rome, which established...
Joschka Fischer Joseph Martin Joschka Fischer (born April 12, 1948 near Crailsheim) has been the German foreign minister and deputy chancellor in the red-green coalition since 1998. ...
The Laeken European Council was held at the royal palace at Laeken, Belgium on 14-15 December 2001. ...
The European Convention, sometimes known as the Convention on the Future of Europe, was a body established by the European Council in December 2001 as a result of the Laeken Declaration. ...
Qualified Majority Voting (QMV) is a voting procedure employed in the Council of the European Union for some decisions. ...
Following rejection of the constitution in referenda in France and the Netherlands, its future and the implementation of its provisions are highly uncertain. Although a majority of EU countries have approved the treaty (including Spain and Luxembourg in referenda), unanimity is required before it can enter into force.
Existing, newly codified and strengthened provisions
Functioning of the Union Main articles: Institutions of the European Union, European symbols This article or section should be merged with List of European Union-related topics The European Union has several institutions: The European Parliament The European Council The Council of the European Union (or Council of Ministers) The European Commission The European Court of Justice (incorporating the Court of First Instance...
The Council of Europe (COE) has developed a series of European symbols for the continent of Europe, and these have since been shared with the European Union (EU). ...
The institutional structure of the Union is unchanged. The Council of the European Union is now formally renamed as the 'Council of Ministers', which had already been its informal title. The "General Affairs Council" is formally split from the "Foreign Affairs Council" (previously the "General Affairs and External Relations" configuration was technically a single formation, but since June 2002, they already held separate meetings). The Council of the European Union forms, along with the European Parliament, the legislative arm of the European Union (EU). ...
The EU has a flag, an anthem and a motto. These have long been recognised, though never formally in a treaty. The Constitution does not confer any special legal status on these symbols. European flag The European flag consists of a circle of twelve golden stars on a blue background. ...
The ode To Joy (Ode »An die Freude« in German) is an ode written in 1785 by the German poet and historian Friedrich Schiller, and known especially for its musical setting by Beethoven in the fourth and final movement of his Ninth Symphony, for four solo voices, chorus, and orchestra. ...
The Council of Europe (COE) has developed a series of European symbols for the continent of Europe, and these have since been shared with the European Union (EU). ...
- Conferral, subsidiarity, proportionality
The Constitution reiterates several key principles of how the Union functions: -
- the principle of conferral - that all EU competences are conferred on it voluntarily by member states;
- the principle of subsidiarity - that governmental decisions should be taken as close to the people as possible while still remaining effective;
- the principle of proportionality - that the EU may only act to exactly the extent that is needed to achieve its objectives;
- the primacy of EU law - in areas where member states have made legally binding agreements at EU level, they may not then pass national laws incompatible with those EU laws.
The Constitution specifies that the EU is a union of member states, and that all its competences (areas of responsibility) are voluntarily conferred on it by its member states according to the principle of conferral. The EU has no competences by right, and thus any areas of policy not explicitly specified in the Constitution remain the domain of the sovereign member states (notwithstanding the ‘flexibility clause' – see below). This is explicitly specified for the first time, but since the Union has always been a treaty-based organisation, it has always been the case by default under international law. The principle of conferral is a fundamental principle of European Union law. ...
Subsidiarity is the idea that matters should be handled by the lowest competent authority. ...
This article is about proportionality, the political maxim. ...
The principle of conferral is a fundamental principle of European Union law. ...
This article needs to be cleaned up to conform to a higher standard of quality. ...
According to the Constitution, the EU may only act (i.e. make laws) where its member states agree unanimously that actions by individual countries would be insufficient. This is the principle of subsidiarity, and is based on the legal and political principle that governmental decisions should be taken as close to the people as possible while still remaining effective. Subsidiarity is the idea that matters should be handled by the lowest competent authority. ...
In all areas, the EU may only act to exactly the extent that is needed to achieve its objectives (the principle of proportionality). This article is about proportionality, the political maxim. ...
Amongst European countries, EU law has primacy over the laws of member states in the areas where member states allow it to legislate. National law which is incompatible with an agreement already made at European level is deemed to be 'disapplied' when questions arise in courts. This controversial principle was first recognised in the case of Costa v ENEL in 1964, involving an Italian man refusing to pay his gas bill of 1925 Lira (€1). This has since become a fundamental principle of European Community law.
Member states have constitutional obligations. Since the Constitution has the legal status of a treaty, these obligations have the legal status of treaty obligations. They are:
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- to ensure implementation at national level of what is decided at EU level;
- to support the EU in achieving its tasks;
- not to endanger shared EU objectives.
- Mutual values of the Union's member states
As stated in Articles I-1 and I-2, the Union is open to all European States which respect the following common values: -
Member states also declare that the following principles prevail in their society: Dignity in humans involves the earning or the expectation of personal respect or of esteem. ...
Personal Liberty is one of the meanings of freedom. Statue of Liberty - Societal Liberty is one of the meanings of freedom. For proper-noun uses of Freedom, see Freedom (disambiguation). ...
Equality is a social state of affairs in which certain different people have the same status in a certain respect. ...
The rule of law implies that government authority may only be exercised in accordance with written laws, which were adopted through an established procedure. ...
Human rights are rights which some hold to be inalienable and belonging to all humans. ...
The definition of a minority group can vary, depending on specific context, but generally refers to either a sub-group that does not form either a majority or a plurality of the total population, or a group that, while not necessarily a numerical minority, is disadvantaged or otherwise has less...
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These provisions are not new in the constitution, but some of them are codified for the first time. In the social sciences, pluralism is a framework of interaction in which groups show sufficient respect and tolerance of each other, that they fruitfully coexist and interact without conflict or assimilation. ...
To discriminate is to make a distinction. ...
Tolerance is a social, cultural and religious term applied to the collective and individual practice of not persecuting those who may believe, behave or act in ways of which one may not approve. ...
Justice is a concept involving the fair, moral, and impartial treatment of all persons, especially in law. ...
Solidarity (Polish Solidarność) is a Polish trade union federation founded in September 1980 at the Gdańsk Shipyards, originally led by Lech Wałęsa. ...
Look up Sex in Wiktionary, the free dictionary A sex is one of two specimen categories of species that recombine their genetic material in order to reproduce, a process called genetic recombination. ...
The aims of the EU are made explicit (Article I-3): -
In its relations with the wider world the Union's objectives are: The concept of peace ranks among the most controversial in our time. ...
Security is being free from danger. ...
In the United States and Canada the frontier was the term applied until the end of the 19th century to the zone of unsettled land outside the region of existing settlements of European immigrants and their descendants. ...
A market is a mechanism which allows people to trade, normally governed by the theory of supply and demand, so allocating resources through a price mechanism and bid and ask matching so that those willing to pay a price for something meet those willing to sell for it. ...
Competition is the act of striving against another force for the purpose of achieving dominance or attaining a reward or goal, or out of a biological imperative such as survival. ...
Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs, according to Our Common Future, a 1987 report from the UN. One of the factors which sustainable development must overcome is environmental degradation. ...
Accumulated GDP growth for various countries. ...
Price stability is zero, or a very low rate of, inflation. ...
Social market economy was the peculiar German and Austrian model (pattern) of economy during Cold War era. ...
Social Justice is a concept that has fascinated philosophers ever since Plato rebuked the young Sophist, Thrasymachus, for asserting that justice was whatever the strongest decided it would be. ...
Listen to this article · (info) This audio file was created from the revision dated 2005-07-19, and does not reflect subsequent edits to the article. ...
Look up Culture in Wiktionary, the free dictionary Wikinews has news related to this article: Culture and entertainment Dictionary of the History of Ideas: Cultural Development in Antiquity Dictionary of the History of Ideas: Culture and Civilization in Modern Times Classificatory system for cultures and civilizations, by Dr. Sam Vaknin...
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- to uphold and promote its values and interests
- to contribute to peace, security, the sustainable development of the Earth
- solidarity and mutual respect among people
- free and fair trade
- eradication of poverty and the protection of human rights, in particular the rights of the child
- strict observance and development of international law, including respect for the principles of the United Nations Charter.
Earth, also known as the Earth, Terra, and (mostly in the 19th century) Tellus, is the third planet outward from the Sun. ...
Free trade is an economic concept referring to the selling of products between countries without tariffs or other trade barriers. ...
Fair trade products shown at XI Unctad. ...
A fruit stand at a market. ...
Poverty is the state of being without, often associated with need, hardship and lack of resources across a wide range of circumstances. ...
This article needs to be cleaned up to conform to a higher standard of quality. ...
The United Nations, or UN, is an international organization established in 1945 and now made up of 191 states. ...
The United Nations Charter is the constitution of the United Nations. ...
Scope of the Union The EU has six exclusive competences. These are policy areas in which member states have agreed that they should act exclusively through the EU and not legislate at a national level at all. The list remains unchanged from the previous treaties: -
- customs union;
- those competition rules that govern the internal market;
- eurozone monetary policy;
- conservation of marine biological resources (the Common Fisheries Policy);
- common commercial policy;
- the conclusion of certain limited international agreements.
There are a number of shared competences. These are areas in which member states agree to act individually only where they have not already acted through the EU, or where the EU has ceased to act (though there are a few areas where member states may act both nationally and through the EU if they wish). The list of areas is mostly unchanged from previous treaties, with three new competences added (see below). A customs union is a free trade zone with a Common External Tariff. ...
In economics, a monetary union is a situation where several countries have agreed to share a single currency among them. ...
The Common Fisheries Policy is the fisheries policy of the European Union. ...
There are a number of areas where the EU may only take supporting, coordinating or complementary action. In these areas, member states do not confer any competences on the Union, but they agree to act through the Union in order to support their work at national level. Again, the list of areas is mostly unchanged from previous treaties, with three new competences added (see below).
The Constitution's flexibility clause allows the EU to act in areas not made explicit in the Constitution, but: -
- only if all member states agree;
- only with the consent of the European Parliament; and
- only where this is necessary to achieve an agreed objective under the Constitution.
This clause has been present in EU law since the original Treaty of Rome, which established the EEC in 1958. It is designed to allow EU countries to develop new areas of co-operation without needing to go through the process of a full treaty revision. The European Parliament is the parliamentary body of the European Union (EU), directly elected by EU citizens once every five years. ...
The Treaty of Rome signing ceremony Signatures in the Treaty The Treaty of Rome refers to the treaty which established the European Economic Community (EEC) and was signed by France, West Germany, Italy, Belgium, the Netherlands and Luxembourg on March 25, 1957. ...
- Common foreign and security policy
The EU is charged with defining and implementing a common foreign and security policy in due time. The wording of this article is taken directly from the existing Treaty on European Union, with no new provisions. The Common Foreign and Security Policy or CFSP was established as the second of the three pillars of the European Union in the Maastricht treaty of 1992, and further defined and broadened in the Amsterdam Treaty of 1997. ...
The Maastricht treaty (formally, the Treaty on European Union) was signed on 7 February 1992 in Maastricht between the members of the European Community and entered into force on 1 November 1993. ...
New provisions
Scope of the Union The European Union has legal personality under the Constitution. This means that it is able to represent itself as a single body in certain circumstances under international law. Most significantly, it is able to sign treaties as a single body where all its member states agree. This article needs to be cleaned up to conform to a higher standard of quality. ...
This provision is not new in one sense, since the European Community has always had legal personality. But the parallel Community and Union structures are now merged and simplified as a single entity, so a new recognition of the Union's legal personality is required. The European Community (EC), most important of three European Communities, was originally founded on March 25, 1957 by the signing of the Treaty of Rome under the name of European Economic Community. ...
The EU has conferred upon it as new 'shared competences' the areas of territorial cohesion, energy, and space. These are areas where the EU may act alongside its individual member states. The EU has conferred upon it as new areas of 'supporting, coordinating or complementary action' the areas of tourism, sport, and administrative co-operation. - Criminal justice proceedings
Member States will continue to co-operate in some areas of criminal judicial proceedings where they agree to do so, as at present. Under the Constitution, seven new areas of co-operation are added: -
- terrorism;
- trafficking in persons;
- offences against children;
- drugs trafficking;
- arms trafficking;
- corruption;
- fraud.
The new solidarity clause specifies that any member state which falls victim to a terrorist attack or other disaster will receive assistance from other member states, if it requests it. This was already the case in practice, but it is now officially codified. The type of assistance to be offered is not specified. Instead, the arrangements will be decided by the Council of Ministers should the situation arise. These lollipops, above, were found to contain heroin when inspected by the US Drug Enforcement Administration In jurisdictions where legislation restricts or prohibits the sale of certain popular drugs, it is common for an illegal drugs trade to develop. ...
This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ...
- European Public Prosecutor
Provision exists for the future creation of a European Public Prosecutor's Office, if all member states agree and if the European Parliament gives its consent. Proposed public prosecutor for the European Union as set forth in the Treaty establishing a Constitution for Europe, pending ratification. ...
The European Parliament is the parliamentary body of the European Union (EU), directly elected by EU citizens once every five years. ...
- Charter of Fundamental Rights of the European Union
The Constitution includes a copy of the Charter already agreed to by all EU member states. This is included in the Constitution so that EU institutions themselves are obliged to conform to the same standards of fundamental rights.
Simplification - Simplified jargon and legal instruments
The Constitution makes an effort to simplify jargon and reduce the number of EU legal instruments (ways in which EU countries may act). These are also unified across areas of policy (referred to as pillars of the European Union in previous treaties). Specifically: The Treaty of Maastricht which established the European Union, divided EU policies into three main areas, called pillars. ...
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- 'European Regulations' (of the Community pillar) and 'Decisions' (of the Police and Judicial Co-operation in Criminal Matters pillar) both become referred to as European laws.
- 'European Directives' (of the Community pillar) and 'Framework Decisions' (of the PJC pillar) both become referred to as 'European framework laws'.
- 'Conventions' (of the PJC pillar) are done away with, replaced in every case by either European laws or European framework laws.
- 'Joint actions' and 'Common positions' (of what is now the Common Foreign and Security Policy Pillar) are both replaced by 'decisions'.
- Merging of High Representative and external relations Commissioner
In the new Constitution, the present role of High Representative for the Common Foreign and Security Policy is amalgamated with the role of the Commissioner for External Relations. This creates a new Union Minister for Foreign Affairs who is also a Vice President of the Commission. This individual will be responsible for co-ordinating foreign policy across the Union. He or she will also be able to represent the EU abroad in areas where member states agree to speak with one voice. Police and Judicial Co-operation in Criminal Matters is the third of the three pillars of the European Union, focusing on co-operation in law enforcement and combating racism. ...
The Common Foreign and Security Policy or CFSP was established as the second of the three pillars of the European Union in the Maastricht treaty of 1992, and further defined and broadened in the Amsterdam Treaty of 1997. ...
The Common Foreign and Security Policy or CFSP was established as the second of the three pillars of the European Union in the Maastricht treaty of 1992, and further defined and broadened in the Amsterdam Treaty of 1997. ...
The European Union Minister of Foreign Affairs is a new EU political post envisaged under the proposed EU Constitutional treaty. ...
Functioning of the institutions - Qualified majority voting
More day-to-day decisions in the Council of Ministers are to be taken by qualified majority voting, requiring a 55 per cent majority of member states representing a 65 per cent majority of citizens. (The 55 per cent is raised to 72 per cent when the Council is acting on its own initiative rather than on a legislative proposal from the Parliament.) The unanimous agreement of all member states is still required for decisions on more sensitive issues, such as tax, social security, foreign policy and defence. The Council of the European Union forms, along with the European Parliament, the legislative arm of the European Union (EU). ...
Qualified Majority Voting (QMV) is a voting procedure employed in the Council of the European Union for some decisions. ...
- President of the European Council
The six-month rotating Presidency of the European Council will switch to a chair chosen by the heads of government, in office for 2½ years and renewable once. The role will be the same as now, i.e. administrative and non-executive, but rather than the Presidency being held by a member state as at present, it will be held by an individual elected by and accountable to the Council. The European Council, sometimes informally called the European Summit, is a meeting of the heads of state or government of the European Union, and the President of the European Commission (not to be confused with the Council of the European Union, or the Council of Europe). ...
- President of the Council of Ministers
The six-month rotating Presidency of the Council of Ministers, which currently coincides with the Presidency of the European Council, will be changed to an eighteen-month rotating Presidency shared by a trio of member countries in an attempt to provide more continuity. The exception is the Council's Foreign Affairs configuration, which will be chaired by the newly-created Union Minister for Foreign Affairs. The Council of the European Union forms, along with the European Parliament, the legislative arm of the European Union (EU). ...
The European Council, sometimes informally called the European Summit, is a meeting of the heads of state or government of the European Union, and the President of the European Commission (not to be confused with the Council of the European Union, or the Council of Europe). ...
The Commission is reduced in size from the year 2014. There will be fewer Commissioners, with member states taking it in turn to nominate Commissioners two times out of three. The European Commission (formally the Commission of the European Communities) is the executive of the European Union. ...
2014 is a common year starting on Wednesday of the Gregorian calendar. ...
Parliamentary power and transparency - President of the Commission - the candidate for President of the European Commission is proposed by the European Council, after consultation with MEPs, and will be elected by the European Parliament. Parliament has the final say.
- Parliament as co-legislature - the European Parliament acquires equal legislative power under the codecision procedure with the Council in virtually all areas of policy. Previously, it had this power in most cases but not all.
- Meeting in public - the Council of Ministers will be required to meet in public when debating all new laws. Currently, it only meets in public for texts covered under the Codecision procedure.
- Budget - the final say over the EU's annual budget is given to the European Parliament. Agricultural spending is no longer ring-fenced, and is brought under the Parliament's control.
- Role of national parliaments - Member States' national parliaments are given a new role in scrutinising proposed EU laws, and are entitled to object if they feel a proposal oversteps the boundary of the Union's agreed areas of responsibility. If the Commission wishes to ignore such an objection, it must submit an explanation to the parliament concerned and to the Council of Ministers.
- Popular mandate - the Commission is invited to consider any proposal "on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Constitution" which has the support of one million citizens. The mechanism by which this will be put into practice has yet to be agreed. (See Article I-46(4) for details.)
The President of the European Commission is notionally the highest ranking unelected official within the European Union. ...
The European Council, sometimes informally called the European Summit, is a meeting of the heads of state or government of the European Union, and the President of the European Commission (not to be confused with the Council of the European Union, or the Council of Europe). ...
A Member of the European Parliament (English abbreviation MEP) is a member of the European Unions directly-elected legislative body, the European Parliament. ...
The European Parliament is the parliamentary body of the European Union (EU), directly elected by EU citizens once every five years. ...
The European Parliament is the parliamentary body of the European Union (EU), directly elected by EU citizens once every five years. ...
The codecision procedure is the main legislative procedure by which law can be adopted in the European Community, the first of the three pillars of the European Union. ...
The Council of the European Union forms, along with the European Parliament, the legislative arm of the European Union (EU). ...
The codecision procedure is the main legislative procedure by which law can be adopted in the European Community, the first of the three pillars of the European Union. ...
The European Parliament is the parliamentary body of the European Union (EU), directly elected by EU citizens once every five years. ...
Further integration, amendment and withdrawal There is a tightening of existing rules for 'enhanced cooperation', where some member states may choose to act together more closely and others not. A minimum of one third of member states must now participate in any enhanced cooperation, and the agreement of the European Parliament is needed. The option for enhanced cooperation is also widened to all areas of agreed EU policy. The European Parliament is the parliamentary body of the European Union (EU), directly elected by EU citizens once every five years. ...
Previously, alteration of treaties was decided by unanimous agreement of the European Council behind closed doors. Any amendments to the Constitutional treaty, however, will involve the convening of a new Convention, similar to that chaired by Valéry Giscard d'Estaing in drafting the Constitution itself. This process may be bypassed if the European Parliament agrees, but in any case, the final say on adopting proposals will continue to rest with the European Council, who must agree unanimously. However, small revisions (switching from unanimity voting to qualified majority voting in specific policy areas) can be made by the European Council through the so-called 'Passerelle Clause' (Article IV-444) if every member state agrees. The European Council, sometimes informally called the European Summit, is a meeting of the heads of state or government of the European Union, and the President of the European Commission (not to be confused with the Council of the European Union, or the Council of Europe). ...
Valéry Marie René Georges Giscard dEstaing (born February 2, 1926 in Koblenz, Germany) is a French politician who was President of the Republic from 1974 until 1981. ...
The European Parliament is the parliamentary body of the European Union (EU), directly elected by EU citizens once every five years. ...
Qualified Majority Voting (QMV) is a voting procedure employed in the Council of the European Union for some decisions. ...
The European Council, sometimes informally called the European Summit, is a meeting of the heads of state or government of the European Union, and the President of the European Commission (not to be confused with the Council of the European Union, or the Council of Europe). ...
A new clause allows for the withdrawal of any member state without renegotiation of the Constitution or violation of treaty commitments. Under this clause, when a country notifies the Council of its intent to withdraw, a settlement is agreed in the Council with the consent of Parliament. If negotiations are not agreed within two years, the country leaves anyway. While these provisions are technically new, the process described is a formalisation of the process which Greenland used to leave the EC in 1985. The European Community (EC), most important of three European Communities, was originally founded on March 25, 1957 by the signing of the Treaty of Rome under the name of European Economic Community. ...
Points of contention
Length and complexity Critics of the Constitution point out that, compared to many existing national constitutions (such as the 4,600-word United States Constitution), the European Constitution is very long, at over 60,000 words in its English version, including declarations and protocols. Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme...
Proponents respond by stating that the document nevertheless remains considerably shorter and less complex than the existing set of treaties that it consolidates. Defenders also point out that it must logically be longer, since it is not an all-embracing, general constitution, but rather a document that precisely delineates the limited areas where the European Union has competence to act over and above the competences of member states.
Qualified majority voting Qualified majority voting is extended to an additional 26 decision-making areas that had previously required unanimity. Opponents of the Constitution argue that this demonstrates a palpable loss of sovereignty and decision-making power for individual countries. Defenders argue that these provisions only apply in the areas where Member States have agreed it should and not otherwise; that it was necessary to prevent decision-making from grinding to a halt in the enlarged Union. (In the past, there have been cases when it appeared that "veto trading" was being used tactically rather than for issues of principle.) Further, the "qualified majority voting" mechanism is structured such that a blocking minority is not difficult to achieve for matters of substance. Qualified Majority Voting (QMV) is a voting procedure employed in the Council of the European Union for some decisions. ...
Union law and national law Critics sometimes claim that it is unacceptable for the Constitution to enshrine European laws as taking precedence over national laws, and argue that this is an erosion of national sovereignty.
Defenders of the constitution point out that it has always been the case that EU law supersedes national law. The Constitution does not change this arrangement for either existing or future EU law. However, the question of whether the arrangement is considered acceptable in the first place is still an issue for debate.
With the widening of qualified majority voting also envisaged in the constitution, however, the issue of the primacy of EU law becomes more sensitive. This is because there is an increase in the number of areas in which laws can be passed by majority vote. It is therefore possible for an individual country to vote against a proposal (unsuccessfully) and subsequently find its national legislature to be bound by it. Qualified Majority Voting (QMV) is a voting procedure employed in the Council of the European Union for some decisions. ...
Trappings of statehood It has been argued that the constitution introduces a number of elements that are traditionally the province of sovereign states: flag, motto, anthem. While these have no special legal status, this is something many see as a shift towards the future creation of a single European state, and the corresponding loss of national identity. Many eurosceptics oppose the constitution for this reason. European flag The European flag consists of a circle of twelve golden stars on a blue background. ...
The Council of Europe (COE) has developed a series of European symbols for the continent of Europe, and these have since been shared with the European Union (EU). ...
The ode To Joy (Ode »An die Freude« in German) is an ode written in 1785 by the German poet and historian Friedrich Schiller, and known especially for its musical setting by Beethoven in the fourth and final movement of his Ninth Symphony, for four solo voices, chorus, and orchestra. ...
Euroscepticism is scepticism about, or disagreement with, the purposes of the European Union, sometimes coupled with a wish to preserve national sovereignty. ...
Defenders of the constitution have pointed out that none of these elements are new, and that many of them are also used by other international organisations. They also argue that key principles enshrined in the constitution, such as the principles of conferral and subsidiarity, are designed to reinforce the status of member states as cooperating sovereign nations, not to erode it. The principle of conferral is a fundamental principle of European Union law. ...
Subsidiarity is the idea that matters should be handled by the lowest competent authority. ...
It has likewise been argued that to call the document a 'Constitution' rather than a 'treaty' implies a change in the nature of the EU, from an association of cooperating countries to a single state or something approaching a state. In response, it has been pointed out that many international organisations, including the World Health Organisation, have constitutions, without implying that they are states. From a legal point of view the European Constitution will still be a treaty between independent states. For other meanings of the acronym WHO, see WHO (disambiguation) WHO flag Headquartered in Geneva, Switzerland, the World Health Organization (WHO) is an agency of the United Nations, acting as a coordinating authority on international public health. ...
Lack of democracy While the new constitution does not give any more power to the European Commission, it has been argued that by failing to reduce the Commission's powers, the constitution perpetuates the perceived democratic deficit of the European Union as a whole. The term democratic deficit is usually used to refer to organizations which are democratic to some extent, but are not as democratic as they could be. ...
For instance, it is often argued that the European Commission, essentially the executive of the Union, holds more power than it should in a democratic system. This is because Commissioners are nominated by member countries and elected by the European Parliament, rather than being directly elected by the people. The European Commission (formally the Commission of the European Communities) is the executive of the European Union. ...
Although it remains the case that the Commission has no law-making power, and may only draft proposals for the consideration of directly elected representatives in Parliament and Council, there are several ways in which the Commission can bring pressure to bear on these two bodies nonetheless. It may, for instance, threaten to withdraw a legislative proposal (as in the debate on the Directive on the patentability of computer-implemented inventions on 23 September 2003). It may also require the Council of Ministers to reach unanimous agreement rather than majority approval if the Commission does not approve Parliament's proposed amendments during the codecision procedure. The European Union (EU) Directive on the patentability of computer-implemented inventions (2002/0047/COD) was a proposal for an EU law which aimed to harmonise EU national patent laws and practices, which involved the granting of patents for computer-implemented inventions provided they meet certain criteria. ...
The codecision procedure is the main legislative procedure by which law can be adopted in the European Community, the first of the three pillars of the European Union. ...
Some of the constitution's new articles intended to enhance democracy are said by some to be pointless when read more carefully. For instance, the obligation for the Commission to consider a petition by 1 million citizens only "invites" such a petition to be "considered"; it is open to the Commission to decide how to react, including ignoring the petition if it wishes.
In response, it has been argued that it would not be feasible in practice for the Commission to ignore a mandate from a million citizens. Opponents argue that the Commission is not a directly elected body and therefore have no electorate which could bring such pressure to bear against the will of Commissioners, but defenders further point out that MEPs, who are directly elected, have the power to scrutinise, censure and if necessary dismiss the Commission. A Member of the European Parliament (English abbreviation MEP) is a member of the European Unions directly-elected legislative body, the European Parliament. ...
See also democratic deficit. The term democratic deficit is usually used to refer to organizations which are democratic to some extent, but are not as democratic as they could be. ...
Secularism There was a debate about whether to include Christianity in the constitution. The Catholic church and countries like Poland advocated such a move to reflect Europe's Christian history, but France and some NGOs took a strongly secular stance. In the end, a compromise agreement included a reference in the preamble to "the cultural, religious and humanist inheritance of Europe". Christianity is a monotheistic religion based on the life and teachings of Jesus of Nazareth as presented in the New Testament writings of his early followers. ...
A non-governmental organization (NGO) is an organization that is not part of a government and was not founded by states. ...
This article concerns secularity, that is, being secular, in various senses. ...
This issue was not thought to be a major factor in producing a yes or no vote in any given country.
Militarism Article I-41(3) states that: "Member States shall undertake progressively to improve their military capabilities". It has been argued that this will prevent all partial disarming of any of the states and require them to increase military capabilities without taking into account the geopolitical situation, or the will of the people. The creation of a European weapon office may also lead to an increase of the worldwide arms race, according to some analyses.
Others point out that the same article limits any EU joint military action to "peace-keeping, conflict prevention and strengthening international security" based on UN principles. It is only under this framework that countries agree to develop their military capabilities. The United Nations, or UN, is an international organization established in 1945 and now made up of 191 states. ...
Economic policy Some commentators, especially within France, have expressed a fear that the proposed Constitution may force upon European countries a Neo-Liberal economic framework which will threaten the European social model. The principles of the "free movement of capital" (both inside the EU and with third countries), and of "free and undistorted competition", are stated several times, and it has been argued that they cover all areas, from health care to energy to transport. However, there are also concerns among commentators in Britain and Eastern European that it enshrines too many socialist principles, such as the rights of workers' unions, and the right to strike. The term neoliberalism is used to describe a political-economic philosophy that had major implications for government policies beginning in the 1970s – and increasingly prominent since 1980 – that de-emphasizes or rejects positive government intervention in the economy, focusing instead on achieving progress and even social justice by encouraging free...
The European Central Bank remains independent of any democratic institution, and its only purpose is to fight inflation. This contrasts with other organisations, such as the Federal Reserve, which also has the goal of fighting unemployment. The European Central Bank (ECB) in Frankfurt am Main, Germany is the central bank of the eurozone, in charge of monetary policy for the 12 countries that use the new euro currency. ...
The Federal Reserve System is headquartered in the Eccles Building on Constitution Avenue in Washington, DC. The Federal Reserve System (also the Federal Reserve; informally The Fed) is the central banking system of the United States. ...
It has also been argued that existing national Constitutions do not fix economic policies inside the Constitution itself: It is more common for elected governments to retain the power to decide on economic policy.
Human rights Some opponents argue that some fundamental human rights are not recognised by the Constitution's Charter of Fundamental Rights.
In response, defenders point out that the charter does not affect the laws of EU member states, since all member states are already signatories to the European Convention on Human Rights. The European Convention on Human Rights (1950) was adopted under the auspices of the Council of Europe† to protect human rights and fundamental freedoms. ...
Instead, the charter applies only to the EU institutions themselves. The EU's accession to the Convention is intended to solve the question of clash between two human rights bills, so that in actual fact the Constitution's charter would be construed in exactly the same way as the existing and binding Convention. There would thus be no change in legal position. [2]
Ratification
 Ratification status in the 25 member states The constitutional treaty was signed in a ceremony at Rome on October 29, 2004. Before it enters into force, however, it must also be ratified by each member state. Ratification takes different forms in each country, depending on its traditions, constitutional arrangements, and political processes. Lithuania, Hungary, Slovenia, Italy, Greece, Slovakia, Austria, Latvia, Cyprus and Malta have already completed parliamentary ratification of the treaty. In Germany Parliament has approved ratification but this is subject to a challenge in the Constitutional Court and the President has not signed off the legislation. In addition, the European Parliament has also approved the treaty (in a symbolic rather than a binding vote). Download high resolution version (1244x1244, 70 KB)EU Constitution Ratification Map. ...
Download high resolution version (1244x1244, 70 KB)EU Constitution Ratification Map. ...
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2004 is a leap year starting on Thursday of the Gregorian calendar. ...
Ten of the 25 member states have announced their intention to hold a referendum on the subject. In some cases, the result will be legally binding; in others it will be consultative (as was the case in the Netherlands). Four referenda have now taken place, resulting in Spain and Luxembourg ratifying the constitution, with the constitution being rejected in both France and the Netherlands. While the referendum in the Netherlands was consultative only, the Dutch government has pledged that it will not ratify. A referendum (plural: referendums or referenda) or plebiscite is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ...
Since the French vote, some EU countries have confirmed their intention to abandon or postpone referenda on ratification, including the United Kingdom, where Foreign Secretary Jack Straw has said there is "no point" in planning a referendum following the decisions in France and the Netherlands [3]. Other countries have continued with ratification procedures, including Luxembourg, which approved the treaty in a referendum on 10 July 2005 [4]. Jack Straw The Right Honourable John Whitaker Jack Straw (born August 3, 1946) is a British Labour Party politician. ...
July 10 is the 191st day (192nd in leap years) of the year in the Gregorian Calendar, with 174 days remaining. ...
Ratification of the Treaty via referenda Source: Sodipodis Clipart Gallery. ...
February 20 is the 51st day of the year in the Gregorian Calendar. ...
2005 is a common year starting on Saturday of the Gregorian calendar and is the current year. ...
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On 20 February 2005 a consultative referendum was held in Spain to ask whether the country should ratify the proposed Constitution of the European Union. ...
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May 29 is the 149th day of the year in the Gregorian calendar (150th in leap years). ...
2005 is a common year starting on Saturday of the Gregorian calendar and is the current year. ...
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On 29 May 2005 a referendum was held in France to decide whether the country should ratify the proposed Constitution of the European Union. ...
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June 1 is the 152nd day of the year in the Gregorian calendar (153rd in leap years), with 213 days remaining. ...
2005 is a common year starting on Saturday of the Gregorian calendar and is the current year. ...
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The Dutch referendum on the Treaty establishing a Constitution for Europe is a referendum to be held on 1 June 2005 to decide whether the Netherlands should ratify the proposed Constitution of the European Union. ...
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After the No-votes in France and Netherlands The Czech government announced that the proposed referendum would not be held. ...
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July 10 is the 191st day (192nd in leap years) of the year in the Gregorian Calendar, with 174 days remaining. ...
2005 is a common year starting on Saturday of the Gregorian calendar and is the current year. ...
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The Luxembourgish referendum on the Treaty establishing a Constitution for Europe is a referendum that was held on 10 July 2005 to decide whether Luxembourg should ratify the proposed Constitution of the European Union. ...
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The Polish referendum on the Treaty establishing a Constitution for Europe is a referendum expected to be held on in October 2005 to decide whether Poland should ratify the proposed Constitution of the European Union. ...
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The Danish government had announced it would hold a referendum on 27 September 2005 in order decide whether it should ratify the Treaty establishing a Constitution for Europe. ...
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On March 12, 2005, the prime minister of Portugal, José Sócrates said that he would seek to have the Constitution of Portugal amended to allow that a referendum on the proposed Treaty establishing a Constitution for Europe be held on December 2005 alongside the municipal elections taking place that...
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The Irish referendum on the Treaty establishing a Constitution for Europe is a referendum expected to be held in late 2005 or early 2006 to decide whether the Republic of Ireland should ratify the proposed Constitution of the European Union. ...
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On April 20, 2004, the British Prime Minister Tony Blair announced in the House of Commons that Britain would hold a referendum on its ratification of the proposed Treaty establishing a constitution for Europe when it was agreed by the European Council. ...
Parliamentary approval of the Treaty |
