"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. 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, commonly referred to as the European Constitution, is an international treaty signed in 2004 and currently awaiting ratification, intended to create a constitution for the European Union. ... EU member states and candidates There are currently 25 member states in the European Union. ...

Origins

Presentation of the European Convention's final draft to the Italian Presidency

For the first half-century of the history of the European Union, its constitutional law was the result of successive treaties, the most important among these being the Treaty of Rome (1957) and the Maastricht treaty (formally the Treaty on European Union, 1992). The Constitutional treaty of 2004 is in large part a consolidation of these two documents, as modified by the more recent treaties of Amsterdam (1997) and Nice (2001). Download high resolution version (850x554, 114 KB)This material is offered free of charge for EU-related information and education purposes. ... Download high resolution version (850x554, 114 KB)This material is offered free of charge for EU-related information and education purposes. ... This is the history of the European Union. ... Law (a loanword from Old Norse lag), in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow... The treaties of the European Union are effectively its constitutional law, making up the EUs primary legislation. ... 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...

The need to review the EU's constitutional framework, particularly in light of the impending accession of ten new member states in 2004, was highlighted in a declaration annexed to the Treaty of Nice. The agreements at Nice had paved the way for further enlargement of the Union by reforming voting procedures, but the treaty was widely regarded as not having gone far enough. The opportunity was taken to declare that after Nice, the possibility of simplifying and consolidating the existing treaties should be looked into. The Enlargement of the European Union is the growth in size of the European Union, from the six founding member states in 1952, to the 25 current member states. ...

The Laeken declaration of December 2001 committed the EU to improving democracy, transparency and efficiency, and set out the process by which a constitution could be arrived at. The European Convention was established, presided over by former French President Valéry Giscard d'Estaing, and was given the task of consulting as widely as possible across Europe with the aim of producing a first draft of the Constitution. This would then be handed over to an Intergovernmental Conference, scheduled for 2004, which would finalise a new treaty. The Laeken European Council was held at the royal palace at Laeken, Belgium on 14-15 December 2001. ... In the physical sciences, specifically in optics, a transparent physical object is one that can be seen through. ... 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. ... The President of France, known officially as the President of the Republic (Président de la République in French), is Frances elected Head of State. ... 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. ... An Intergovernmental Conference (IGC) is the formal procedure for negotiating amendments to the founding treaties of the European Union. ...

Development of the Treaties into EU Constitution

The treaties of the European Union are effectively its constitutional law, making up the EUs primary legislation. ... Wikiquote quotations related to: European Union The European Union On-Line Official EU website, europa. ... This is the history of the European Union. ... 1952 - Wikipedia /**/ @import /skins/monobook/IE50Fixes. ... 1958 was a common year starting on Wednesday (link will take you to calendar). ... 1967 was a common year starting on Sunday of the Gregorian calendar. ... 1993 is a common year starting on Friday of the Gregorian calendar and marked the Beginning of the International Decade to Combat Racism and Racial Discrimination (1993-2003). ... 1999 is a common year starting on Friday of the Common Era, and was designated the International Year of Older Persons by the United Nations. ... 2003 is a common year starting on Wednesday of the Gregorian calendar. ... 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. ... Wikiquote quotations related to: European Union The European Union On-Line Official EU website, europa. ... The European Coal and Steel Community (ECSC) was founded in 1951 (Treaty of Paris), by France, West Germany, Italy, Belgium, Luxembourg and the Netherlands to pool the steel and coal resources of its member-states, thus preventing another European war. ... 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 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 European Atomic Energy Community, or EURATOM, is an international organization composed of the members of the European Union. ... 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. ... 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. ... 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 Treaty of Paris, signed on April 18, 1951 between Belgium, France, West Germany, Italy, Luxembourg, and the Netherlands established the European Coal and Steel Community (ECSC), which subsequently became part of the European Union. ... 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 Merger Treaty, signed in Brussels on 8 April 1965 and in force since 1 July 1967, first gathered together the organisational structures of the then three European Communities (European Coal and Steel Community, European Economic Community and Euratom). ... 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... The Treaty establishing a Constitution for Europe, commonly referred to as the European Constitution, is an international treaty signed in 2004 and currently awaiting ratification, intended to create a constitution for the European Union. ... The Treaty of Maastricht which established the European Union, divided EU policies into three main areas, called pillars. ...

Drafting

The Convention consisted mainly of representatives of national parliaments, not only from existing member states but also from candidate countries, as well as representatives of heads of state and government. It published its final draft in July 2003. This draft was then discussed at two meetings of the Council, in September and December, but agreement was not reached when Poland and Spain refused to accept the proposed framework for qualified majority voting. The incoming Irish Presidency then initiated a cooling-off period, following which the final text of the proposed Constitution was agreed upon at the summit meeting on 18–19 June 2004 under the presidency of Bertie Ahern. A head of state or chief of state is the chief public representative of a nation-state, federation or commonwealth, whose role generally includes personifying the continuity and legitimacy of the state and exercising the political powers, functions and duties granted to the head of state in the countrys... 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, under which each member state has a fixed number of votes. ... Patrick Bartholemew Ahern (Irish: Pádraig Parthalán Ó hEachtairn) (born September 12, 1951), commonly called Bertie Ahern is an Irish politician. ...

Disputes during the drafting phase

Several issues divided the member states of the European Union during the drafting of the Constitution.

Voting weights in the Council

The draft European Constitution proposed to replace the voting system of previous treaties concerning the Council of the European Union (where each country is given a certain number of votes), with a system of qualified double majority, where decisions would need a certain percentage of the member states agreeing, which at the same time would represent at least a certain percentage of the population of the Union. The Council of the European Union forms, along with the European Parliament, the legislative arm of the European Union (EU). ... Double majority is used in the United States for some votes on issues such as a tax levy or bond. ...

Agreement, however, failed to be reached when in September and December 2003 Spain and Poland both refused to accept this proposed framework. Under the Treaty of Nice, both Poland and Spain would from 1 November 2004, have had 27 votes each in the Council of the European Union. This was felt by some to be a disproportionate representation, since countries with much larger populations (like France, the United Kingdom, Italy and even more so Germany) only had 29 votes each. 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... The Council of the European Union forms, along with the European Parliament, the legislative arm of the European Union (EU). ...

However, the Zapatero government, upon taking office after the 2004 election, announced that it would accept the proposed Constitution, and Poland, now isolated, likewise accepted it. The only issue that remained was the question of the specific percentages needed to approve a proposal. In the final version of the constitution, these were agreed at 55 per cent of member states representing at least 65 per cent of the citizens. This is raised to 72 per cent when the Council is acting on its own initiative rather than on a legislative proposal. Term of office: April 17, 2004 – present Preceded by: José María Aznar Succeeded by: incumbent Date of birth: August 4, 1960 Place of birth: Valladolid First Lady: Sonsoles Espinosa Political party: PSOE José Luis Rodríguez Zapatero (born August 4, 1960) became the fifth Spanish prime minister (or president of the... Map of Spains electoral circumscriptions, and the parties leading in each circumscription in the election for the Congress of Deputies Legislative elections were held in Spain on March 14, 2004. ...

Mention of Christianity in the preamble

Several countries urged for the preamble of the Constitution to include a reference to Christianity. Among these were Italy, Lithuania, Malta, Poland, Portugal, the Czech Republic, and Slovakia, who in May 2004 sent a letter to the Irish Presidency, saying "the governments of those countries consider as a priority the recognition of the Christian tradition in the Preamble" and noting that the list of signatories was not exhaustive as they hoped other countries would join their initiative. The Greek government likewise supported a reference to Christianity. Christianity is an Abrahamic religion based on the life, teachings, death by crucifixion, and resurrection of Jesus of Nazareth as described in the New Testament. ...

The strongest opponents to any reference to Christianity were France and Belgium. Other countries opposing such a reference were Germany, Denmark, Sweden, Finland, Slovenia, and Cyprus. Among other nations, Spain originally supported the inclusion of a reference to Christianity, but the incoming Zapatero government reversed the stance of its predecessor.

Eventually the agreed upon Constitution made no explicit references to Christianity, only mentioning the "cultural, religious and humanist inheritance of Europe". This decision caused disappointment in the Vatican, but satisfaction from candidate state Turkey.

Ratification

Ratification status and referendum plans in the 25 member states

The Constitution, having been agreed by heads of government from the 25 member states, was signed at a ceremony in Rome on 29 October 2004. Before it enters into force, however, it must be ratified by each state. This process is likely to take around two years to complete. Download high resolution version (1244x1244, 70 KB)EU Constitution Ratification Map. ... Download high resolution version (1244x1244, 70 KB)EU Constitution Ratification Map. ... EU member states and candidates There are currently 25 member states in the European Union. ... Ratification is the process of adopting an international treaty, or a constitution or other nationally binding document (such as an amendment to a constitution) by the agreement of multiple subnational entities. ...

Ratification takes different forms in each country, depending on the traditions, constitutional arrangements, and political processes of the country in question. Ireland's own constitution, for example, requires that a constitutional referendum be held on all international treaties concerning a transfer of national sovereignty, while Germany's constitution prohibits a referendum. In the latter case there is ongoing debate as to whether Germany's constitution should be amended to allow a referendum on the European Constitution.

So far, ten of the 25 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:

• Spain (20 February 2005; result was in favour)
• France (29 May 2005; result was against)
• Netherlands (1 June 2005; result was against)
• Luxembourg (10 July 2005)
• Ireland (late 2005)
• Poland (late 2005)
• Portugal (late 2005)
• Denmark (early 2006)
• Czech Republic (2006)
• United Kingdom (initially scheduled for 2006; set aside on June 6, 2005 after the results in France and the Netherlands)

A consultative referendum in Belgium was ruled out by the Belgian parliament, because some political parties like Spirit stated they were concerned that the far-right Vlaams Belang party would use the referendum to campaign against the admission of Turkey to the EU. Other parties, like Vlaams Belang stated the ruling parties were concerned the outcome of the vote would not have been according to their wishes. Categories: Politics stubs | Liberal related stubs | Liberal parties | Belgian political parties-Flanders ... Vlaams Belang (English: Flemish Interest) is a Belgian political party. ... Vlaams Belang (English: Flemish Interest) is a Belgian political party. ...

The European Parliament endorsed the Constitution on 12 January 2005, with 500 members in favour, 137 against, and 40 abstentions. This was preceded by scrutiny in the Constitutional Affairs Committee which concluded with an overall endorsement. Ultimate responsibility for approving the Constitution, however, rests with the member states. The European Parliament is the parliamentary body of the European Union (EU), directly elected by EU citizens once every five years. ...

First parliamentary ratifications

In the ten new member states of 2004, the issue of the Constitution was less contentious than in many of the other countries of the EU, due to a sense that the debate on European integration had already been conducted, and acceptance of the Constitution, once finalised, was merely part of the package already signed up to.

Lithuania became the first member state to ratify the treaty on 11 November 2004. Its parliament, the Seimas, approved the treaty by 84 votes to four, with three abstentions. Major European political figures were quick to congratulate the country. A parliamentary vote on ratification in Hungary on 20 December 2004 approved the treaty by 322 votes to twelve, with eight abstentions and 43 members absent. A two-thirds majority was required in the 385-member legislature. On 1 February 2005, Slovenia became the third country to ratify when its parliament voted to endorse the treaty, with 79 votes in favour and 4 against. Seimas is the Lithuanian parliament. ...

Spanish referendum

Main article: Spanish referendum on the European Constitution 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. ...

Spanish voters were the first to go to the polls in a referendum on ratification on 20 February 2005. Both the government and the main opposition party campaigned for a 'yes' vote. The Constitution was passed by a large margin, with 77 per cent of voters in favour, but major opposition parties declared that the 42 per cent turnout was an embarrassment for the governing Spanish Socialist Workers' Party. The referendum was not legally binding, but has paved the way for parliamentary ratification of the treaty. The Spanish Socialist Workers Party (Partido Socialista Obrero Español or PSOE) is one of the main parties of Spain. ...

French referendum

Main article: French referendum on the European Constitution On 29 May 2005 a referendum was held in France to decide whether the country should ratify the proposed Constitution of the European Union. ...

French voters went to the polls in a referendum on ratification on 29 May 2005. Both the government and the main opposition party campaigned for a 'yes' vote. The Constitution was blocked, with 55% per cent of voters against, from a 69 per cent turnout. This resulted in a humiliation for the Chirac administration and put the future of the Constitution in an uncertainty. This referendum was legally binding, although it is not impossible for France to hold another referendum, with renegotiations in the treaty. Jacques René Chirac (born 29 November 1932) is a French politician. ...

Dutch referendum

Main article: Dutch referendum on the European Constitution 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. ...

The Netherlands held a consultative referendum on 1 June 2005. The Constitution was rejected by an even greater margin than in the French referendum held three days prior.

Future referenda

General info: Large flag of the Czech Republic Dimensions: 453x302 pixels Source: Image originally derived from the public domain License: Originally public domain, modifications under GFDL Most of the flags have had their colours improved and many have been resized to the proper ratios. ... The Czech Republic is expected to hold a referendum in 2006 to decide whether it should ratify the proposed Constitution of the European Union. ... General info: Large civil flag of Denmark Dimensions: 399x302 pixels Source: Image originally derived from the public domain flags of the CIA World Factbook License: Originally public domain, modifications under GFDL Most of the flags have had their colours improved and many have been resized to the proper ratios. ... Denmark will hold a referendum in 27 September 2005 in order decide whether it should ratify the Treaty establishing a Constitution for Europe. ... File links The following pages link to this file: Austria Arsenal F.C. Belgium Czech Republic Cyprus Economy of the Czech Republic Charlton Athletic F.C. Chelsea F.C. European Union Estonia European Parliament Talk:European Union European Liberal Democrat and Reform Party European Peoples Party (Christian Democrats) and... The Irish referendum on the Treaty establishing a Constitution for Europe is a referendum expected to be held on in late 2005 or early 2006 to decide whether the Republic of Ireland should ratify the proposed Constitution of the European Union. ... Headline text File links The following pages link to this file: Austria Belgium Czech Republic Cyprus Economy of the Czech Republic European Union Estonia European Parliament Talk:European Union European Liberal Democrat and Reform Party European Peoples Party (Christian Democrats) and European Democrats Finland France Germany Economy of Germany... The Luxembourg referendum on the Treaty establishing a Constitution for Europe is a referendum to be held on 10 July 2005 to decide whether Luxembourg should ratify the proposed Constitution of the European Union. ... Large flag of Poland Image originally derived from the public domain flags of the CIA World Factbook. ... 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. ... File links The following pages link to this file: Austria A.C. Milan Belgium Czech Republic Cyprus Economy of the Czech Republic Chelsea F.C. European Union Estonia European Parliament Talk:European Union European Peoples Party (Christian Democrats) and European Democrats Finland France Fulham F.C. Football World Cup... 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... Union Flag / Union Jack: Flag of the United Kingdom For more information, see Court of the Lord Lyon, Flags. ... ... 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. ...

Entry into force

Article IV-447 of the constitutional treaty states that the Constitution "shall enter into force on 1 November 2006, provided that all the instruments of ratification have been deposited [with the Government of the Italian Republic], or, failing that, on the first day of the second month following the deposit of the instrument of ratification by the last signatory State to take this step." A declaration annexed to the treaty states that "if, two years after the signature of the Treaty establishing a Constitution for Europe, four fifths of the Member States have ratified it and one or more Member States have encountered difficulties in proceeding with ratification, the matter will be referred to the European Council." This does not specify what action should be taken, but it remains the case that the Constitution cannot enter into force until the treaty has been ratified by all member states.

See also

• Signatories to the Treaty establishing a Constitution for Europe

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. ...

External links

• History of the Constitution (http://www.unizar.es/euroconstitucion/Treaties/Treaty_Const.htm) by the University of Zaragoza
• EU Constitution: Where member states stand (http://news.bbc.co.uk/2/hi/europe/3954327.stm) — BBC coverage of ratification plans
• Ratification and Referendum: state of play (http://europa.eu.int/constitution/futurum/referendum_en.htm) — EU's coverage of the progress of ratification
• How Europe plans to adopt its constitution (http://www.eubusiness.com/afp/050221141201.0dp1uj75) from EUbusiness