Treaty establishing a Constitution for Europe
Encyclopedia
The Treaty establishing a Constitution for Europe (TCE), (commonly referred to as the European Constitution or as the Constitutional Treaty), was an unratified international treaty
intended to create a consolidated constitution
for the European Union
(EU). It would have replaced the existing European Union treaties
with a single text, given legal force to the Charter of Fundamental Rights, and expanded Qualified Majority Voting into policy areas which had previously been decided by unanimity among member states.
The Treaty was signed on 29 October 2004 by representatives of the then 25 EU member states. It was later ratified by 18 member states, which included referenda endorsing it in Spain and Luxembourg. However the rejection of the document by French and Dutch voters in May and June 2005 brought the ratification process to an end.
Following a period of reflection, the Treaty of Lisbon
was created to replace the Constitutional Treaty. This contained many of the changes that were originally placed in the Constitutional Treaty but was formulated as amendments to the existing treaties. Signed on 13 December 2007, the Lisbon Treaty entered into force on 1 December 2009.
and composed of two Members of Parliament (generally one from the governing majority and one from the opposition) of each Member State and applicant state, 16 MEPs, 2 members of the European Commission and a representative from each government. It met in public. Giscard d'Estaing proposed to draft a Constitution. Romano Prodi
, the President of the European Commission
backed a draft text, called Penelope Project, which contained a deeper integration of the countries and a more clear institutional model.
After protracted negotiations in the Intergovernmental Conference
(IGC) during Italian presidency, disputes arose over the proposed framework for qualified majority voting: the final text of the TCE was settled in June 2004 under the Irish
presidency.
on 29 October 2004 by 53 senior political figures from the 25 member states of the European Union
. In most cases heads of state
designated plenipotentiaries
to sign the treaty, but some president
s also signed on behalf of states which were republic
s. Most designated plenipotentiaries were prime minister
s and foreign minister
s.
On 12 January 2005 the European Parliament
voted a legally non-binding resolution in support of the Constitution by 500 votes in favour to 137 votes against, with 40 abstentions.
Before an EU treaty can enter into force, it must be ratified by all member states. Ratification takes different forms in each country, depending on its traditions, constitutional arrangements and political processes. Most member states traditionally ratify EU treaties following parliamentary votes, while some — notably Ireland and Denmark — also hold referenda. As a reaction to what was seen as the novel nature of the Constitution, many advocates and opponents of the Constitution argued that it should be subjected to referenda across the European Union.
On 20 April 2004 then British prime minister Tony Blair
unexpectedly promised a referendum, a proposal which he had previously rejected. A further seven member states announced or had already announced that they would hold referenda on the Constitution. These being Denmark
, France
, Ireland
, Luxembourg
, the Netherlands
, Spain
and Portugal
.
On 29 May 2005 Spain
was the first country to hold a referendum on the Constitution. The referendum approved the Constitution by 76% of the votes, although participation was only around 43%.
On 29 May 2005 the French public rejected the Constitution by margin of 55% to 45% on a turn out of 69%. And just three days later the Dutch rejected the constitution by a margin of 61% to 39% on a turnout of 62%.
Notwithstanding the rejection in France and the Netherlands, Luxembourg
held a referendum on 10 July 2005 approving the Constitution by 57% to 43%. It was the last referendum to be held on the Constitution as all of the other member states that had proposed to hold referenda cancelled them.
On 4 June 2007, this group, known as the Amato Group
, presented its report. They proposed to establish a new Inter-Governmental Conference with a view to writing a new treaty which would rewrite the Treaty on European Union, amend the Treaty establishing the European Community and give the Charter of Fundamental Rights of the European Union
a legally binding status. The new treaty would be based on the first and fourth parts of the Constitution, the rest of the Constitutions changes being achieved through amendments to the Treaty of Rome.
In the June 2007 European summit meeting, Member States agreed to abandon the constitution and to amend the existing treaties, which would remain in force. They also agreed a detailed mandate for a new intergovernmental conference to negotiate a new treaty containing such amendments to the existing treaties (primarily the Treaty of Rome and the Treaty of Maastricht). These negotiations were completed by the end of the year, the new treaty which had previously been referred to as the Reform Treaty become the Lisbon Treaty on its signing in Lisbon
on 13 December 2007.
would have been formally renamed the "Council of Ministers", which is already its informal title. The "General Affairs Council" would have been formally split from the "Foreign Affairs Council", which had informally held meetings separately since June 2002.
The TCE included a flag
, an anthem and a motto, which had previously not had treaty recognition, although none of them is new.
The TCE would have specified 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 would have no competences by right, and thus any areas of policy not explicitly specified in the Constitution would have remained the domain of the sovereign member states (notwithstanding the ‘flexibility clause' – see below).
According to the TCE, the EU may act (i.e. make laws) only 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. It is a main argument against claims that Europe limits national sovereignty
but critics say that it is a principle to which lip service only is paid, and, in practice, the reach of the EU has been increasingly ambitious.
has consistently ruled since 1964 that 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 and fundamental principle of European Community law was first recognised in the case of Van Gend en Loos in 1963 which was followed in Costa v. ENEL
in 1964.
Member states also declare that the following principles prevail in their society:
Some of these provisions are codified for the first time in the TCE.
In its relations with the wider world the Union's objectives are:
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 these are areas where member states may act both nationally and through the EU if they wish). Three new competences have been added to those in previous treaties (see below).
There are a number of areas where the EU may take only 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, three new competences have been added to those from previous treaties (see below).
This clause has been present in EU law since the original Treaty of Rome
, which established the EEC in 1958.
in due time. The wording of this article is taken from the existing Treaty on European Union.
. Most significantly, it is able to sign treaties as a single body where all its member states agree.
should the situation arise.
's Office, if all member states agree to it and if the European Parliament
gives its consent.
and reduce the number of EU legal instruments (ways in which EU countries may act). However, it is a long document couched in obscure and technical terms, which proved unpopular when presented (for example) to French voters in their referendum on the TCE.
The TCE unifies legal instruments across areas of policy (referred to as pillars of the European Union in previous treaties). Specifically:
would be to be taken by qualified majority voting, requiring a 55% majority of members of the Council representing a 65% majority of citizens. (The 55% is raised to 72% when the Council acts on its own initiative rather than on a legislative proposal from the Commission or the Union Minister for Foreign Affairs.) The unanimous agreement of all member states would only be required for decisions on more sensitive issues, such as tax, social security, foreign policy and defense.
would switch to a chair chosen by the heads of government, in office for 2½ years and renewable once. The role itself would remain administrative and non-executive, but rather than the Presidency being held by a member state as at present, it would be held by an individual elected by and accountable to the Council.
, which currently coincides with the Presidency of the European Council
, would be changed to an 18-month rotating Presidency shared by a trio of member countries, in an attempt to provide more continuity. The exception would be the Council's Foreign Affairs configuration, which would be chaired by the newly-created Union Minister for Foreign Affairs.
would be reduced in size from 27 to 18 by the year 2014. There would be fewer Commissioners, with member states taking it in turn to nominate Commissioners two times out of three.
is needed. The option for enhanced cooperation would also be widened to all areas of agreed EU policy.
in private meeting. Proponents of the TCE claim that any amendments to the Constitutional treaty will involve the convening of a new Convention, similar to that chaired by Valéry Giscard d'Estaing
in drafting the TCE. This process may be bypassed if the European Parliament
agrees, in which case, the final say on adopting proposals will 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.
used to leave the EC in 1985.
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
intended to create a consolidated constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
for the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(EU). It would have replaced the existing European Union treaties
Treaties of the European Union
The Treaties of the European Union are a set of international treaties between the European Union member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives...
with a single text, given legal force to the Charter of Fundamental Rights, and expanded Qualified Majority Voting into policy areas which had previously been decided by unanimity among member states.
The Treaty was signed on 29 October 2004 by representatives of the then 25 EU member states. It was later ratified by 18 member states, which included referenda endorsing it in Spain and Luxembourg. However the rejection of the document by French and Dutch voters in May and June 2005 brought the ratification process to an end.
Following a period of reflection, the Treaty of Lisbon
Treaty of Lisbon
The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
was created to replace the Constitutional Treaty. This contained many of the changes that were originally placed in the Constitutional Treaty but was formulated as amendments to the existing treaties. Signed on 13 December 2007, the Lisbon Treaty entered into force on 1 December 2009.
Drafting
The drafting for European Constitution began in a call for a new debate on the future of Europe at the Laeken European Council in December 2001. A European Convention was founded shortly afterward which was chaired by former French President Valéry Giscard d'EstaingValéry Giscard d'Estaing
Valéry Marie René Georges Giscard d'Estaing is a French centre-right politician who was President of the French Republic from 1974 until 1981...
and composed of two Members of Parliament (generally one from the governing majority and one from the opposition) of each Member State and applicant state, 16 MEPs, 2 members of the European Commission and a representative from each government. It met in public. Giscard d'Estaing proposed to draft a Constitution. Romano Prodi
Romano Prodi
Romano Prodi is an Italian politician and statesman. He served as the Prime Minister of Italy, from 17 May 1996 to 21 October 1998 and from 17 May 2006 to 8 May 2008...
, the President of the European Commission
President of the European Commission
The President of the European Commission is the head of the European Commission ― the executive branch of the :European Union ― the most powerful officeholder in the EU. The President is responsible for allocating portfolios to members of the Commission and can reshuffle or dismiss them if needed...
backed a draft text, called Penelope Project, which contained a deeper integration of the countries and a more clear institutional model.
After protracted negotiations in the Intergovernmental Conference
Intergovernmental Conference
An Intergovernmental Conference is the formal procedure for negotiating amendments to the founding treaties of the European Union. Under the treaties, an IGC is called into being by the European Council, and is composed of representatives of the member states, with the Commission, and to a lesser...
(IGC) during Italian presidency, disputes arose over the proposed framework for qualified majority voting: the final text of the TCE was settled in June 2004 under the Irish
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
presidency.
Signing
The Treaty establishing a Constitution for Europe was signed in RomeRome
Rome is the capital of Italy and the country's largest and most populated city and comune, with over 2.7 million residents in . The city is located in the central-western portion of the Italian Peninsula, on the Tiber River within the Lazio region of Italy.Rome's history spans two and a half...
on 29 October 2004 by 53 senior political figures from the 25 member states of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
. In most cases heads of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
designated plenipotentiaries
Plenipotentiary
The word plenipotentiary has two meanings. As a noun, it refers to a person who has "full powers." In particular, the term commonly refers to a diplomat fully authorized to represent his government as a prerogative...
to sign the treaty, but some president
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
s also signed on behalf of states which were republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
s. Most designated plenipotentiaries were prime minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
s and foreign minister
Foreign minister
A Minister of Foreign Affairs, or foreign minister, is a cabinet minister who helps form the foreign policy of a sovereign state. The foreign minister is often regarded as the most senior ministerial position below that of the head of government . It is often granted to the deputy prime minister in...
s.
Ratification
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
voted a legally non-binding resolution in support of the Constitution by 500 votes in favour to 137 votes against, with 40 abstentions.
Before an EU treaty can enter into force, it must be ratified by all member states. Ratification takes different forms in each country, depending on its traditions, constitutional arrangements and political processes. Most member states traditionally ratify EU treaties following parliamentary votes, while some — notably Ireland and Denmark — also hold referenda. As a reaction to what was seen as the novel nature of the Constitution, many advocates and opponents of the Constitution argued that it should be subjected to referenda across the European Union.
On 20 April 2004 then British prime minister Tony Blair
Tony Blair
Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
unexpectedly promised a referendum, a proposal which he had previously rejected. A further seven member states announced or had already announced that they would hold referenda on the Constitution. These being Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
, Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
, the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
and Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
.
On 29 May 2005 Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
was the first country to hold a referendum on the Constitution. The referendum approved the Constitution by 76% of the votes, although participation was only around 43%.
On 29 May 2005 the French public rejected the Constitution by margin of 55% to 45% on a turn out of 69%. And just three days later the Dutch rejected the constitution by a margin of 61% to 39% on a turnout of 62%.
Notwithstanding the rejection in France and the Netherlands, Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
held a referendum on 10 July 2005 approving the Constitution by 57% to 43%. It was the last referendum to be held on the Constitution as all of the other member states that had proposed to hold referenda cancelled them.
Post-rejection
After the French and Dutch referendum results European leaders decided to hold a "period of reflection" on what to do next. As part of this reflection period a "group of wise men" was set up to consider possible courses of action. This group of high-level European politicians - former Prime Ministers, ministers and members of the European Commission - first met on 30 September 2006 in Rome.On 4 June 2007, this group, known as the Amato Group
Amato Group
The Amato Group, officially the Action Committee for European Democracy was a group of high-level European politicians unofficially working on rewriting the Treaty establishing a Constitution for Europe into what became known as the Treaty of Lisbon following its rejection by French and Dutch...
, presented its report. They proposed to establish a new Inter-Governmental Conference with a view to writing a new treaty which would rewrite the Treaty on European Union, amend the Treaty establishing the European Community and give the Charter of Fundamental Rights of the European Union
Charter of Fundamental Rights of the European Union
The Charter of Fundamental Rights of the European Union enshrines certain political, social, and economic rights for European Union citizens and residents, into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of...
a legally binding status. The new treaty would be based on the first and fourth parts of the Constitution, the rest of the Constitutions changes being achieved through amendments to the Treaty of Rome.
In the June 2007 European summit meeting, Member States agreed to abandon the constitution and to amend the existing treaties, which would remain in force. They also agreed a detailed mandate for a new intergovernmental conference to negotiate a new treaty containing such amendments to the existing treaties (primarily the Treaty of Rome and the Treaty of Maastricht). These negotiations were completed by the end of the year, the new treaty which had previously been referred to as the Reform Treaty become the Lisbon Treaty on its signing in Lisbon
Lisbon
Lisbon is the capital city and largest city of Portugal with a population of 545,245 within its administrative limits on a land area of . The urban area of Lisbon extends beyond the administrative city limits with a population of 3 million on an area of , making it the 9th most populous urban...
on 13 December 2007.
National processes at a glance
| Member state | Date | Result | Deposition with Italian Government |
|---|---|---|---|
| 11 November 2004 | Yes. Seimas Seimas The Seimas is the unicameral Lithuanian parliament. It has 141 members that are elected for a four-year term. About half of the members of this legislative body are elected in individual constituencies , and the other half are elected by nationwide vote according to proportional representation... : 84 to 4 in favour, 3 abstentions. |
17 December 2004 | |
| 20 December 2004 | Yes. Országgyűlés National Assembly of Hungary The National Assembly or Diet is the parliament of Hungary. The unicameral body consists of 386 members elected to 4-year terms. Election of members is based on a complex system involving both area and list election; parties must win at least 5% of the popular vote in order to enter list members... : 323 to 12 in favour, 8 abstention. |
30 December 2004 | |
| 1 February 2005 | Yes. Državni zbor National Assembly (Slovenia) The National Assembly is the general representative body of the Slovenian nation. According to the Constitution of Slovenia and the Constitutional Court of Slovenia, it is the major part of the distinctively incompletely bicameral legislative branch of the Republic of Slovenia. It is unicameral... : 79 to 4 in favour, 0 abstentions. |
9 May 2005 | |
| 25 January 2005 6 April 2005 |
Yes. Camera dei Deputati Italian Chamber of Deputies The Italian Chamber of Deputies is the lower house of the Parliament of Italy. It has 630 seats, a plurality of which is controlled presently by liberal-conservative party People of Freedom. Twelve deputies represent Italian citizens outside of Italy. Deputies meet in the Palazzo Montecitorio. A... : 436 to 28 in favour, 5 abstentions. Yes. Senato della Repubblica Italian Senate The Senate of the Republic is the upper house of the Italian Parliament. It was established in its current form on 8 May 1948, but previously existed during the Kingdom of Italy as Senato del Regno , itself a continuation of the Senato Subalpino of Sardinia-Piedmont established on 8 May 1848... : 217 to 16 in favour, 0 abstentions. |
25 May 2005 | |
| 20 February 2005 28 April 2005 18 May 2005 |
Yes. Consultative referendum Spanish referendum on the European Constitution The Spanish referendum on the Treaty establishing a Constitution for Europe is a consultative referendum that was held on 20 February 2005 to decide whether Spain should ratify the proposed Constitution of the European Union.... : 76.73% to 17.24% in favour, 6.03% blanks, 42.32% participation. Yes. Congreso de los Diputados Spanish Congress of Deputies The Spanish Congress of Deputies is the lower house of the Cortes Generales, Spain's legislative branch. It has 350 members, elected by popular vote on block lists by proportional representation in constituencies matching the Spanish provinces using the D'Hondt method. Deputies serve four-year terms... : 311 to 19 in favour, 0 abstentions. Yes. Senado Spanish Senate The Senate of Spain is the upper house of Spain's parliament, the . It is made up of 264 members: 208 elected by popular vote, and 56 appointed by the regional legislatures. All senators serve four-year terms, though regional legislatures may recall their appointees at any time.The last election... : 225 to 6 in favour, 1 abstention. |
15 June 2005 | |
| 11 May 2005 25 May 2005 |
Yes. Nationalrat National Council of Austria The National Council is one of the two houses of the Austrian parliament. According to the constitution, the National Council and the complementary Federal Council are peers... : Approved by show of hands with 1 against. Yes. Bundesrat Federal Council of Austria The Federal Council of Austria or Bundesrat is the second chamber of the Austrian parliament, representing the nine States of Austria on federal level. As part of a bicameral legislature alongside of the National Council of Austria , it can be compared with an upper house or a senate... : Approved by show of hands with three against. |
17 June 2005 | |
| 19 April 2005 | Yes. Hellenic Parliament Hellenic Parliament The Hellenic Parliament , also the Parliament of the Hellenes, is the Parliament of Greece, located in the Parliament House , overlooking Syntagma Square in Athens, Greece.... : 268 to 17 in favour, 15 abstentions. |
28 July 2005 | |
| 6 July 2005 | Yes. Il-Kamra House of Representatives of Malta The House of Representatives is the unicameral legislature of Malta and a component of the Parliament of Malta.The House is composed of an odd number of members elected for a five year term... : Agreed without a division Division (vote) In parliamentary procedure, a division of the assembly is a voting method in which the members of the assembly take a rising vote or go to different parts of the chamber, literally dividing into groups indicating a vote in favour of or in opposition to a motion on the floor... . |
2 August 2005 | |
| 30 June 2005 | Yes. Cyprus Parliament: 30 to 19 in favour, one abstention. | 6 October 2005 | |
| 2 June 2005 | Yes. Saeima: 71 to 5 in favour, six abstentions. | 3 January 2006 | |
| 10 July 2005 25 October 2005 |
Yes. Consultative referendum: 56.52% to 43.48% in favour, 87.77% participation. Yes. Châmber Chamber of Deputies of Luxembourg The Chamber of Deputies , abbreviated to the Chamber, is the unicameral national legislature of Luxembourg. 'Krautmaart' is sometimes used as a metonym for the Chamber, after the square on which the Hôtel de la Chambre is located.... : 57 to 1 in favour, no abstentions. |
30 January 2006 | |
| 28 April 2005 19 May 2005 17 June 2005 20 June 2005 29 June 2005 19 July 2005 8 February 2006 |
Yes. Senaat/Sénat Belgian Senate The Belgian Senate is one of the two chambers of the bicameral Federal Parliament of Belgium, the other being the Chamber of Representatives. It is considered to be the "upper house" of the Federal Parliament.-History and future:... : 54 to 9 in favour, one abstention. Yes. Kamer/Chambre: 118 to 18 in favour, one abstention. Yes. Parlement Bruxellois/Brussels Hoofdstedelijk Parlement Brussels Parliament The Parliament of the Brussels-Capital Region , is the governing body of the Brussels-Capital Region, one of the three regions of Belgium... : 70 to 10 in favour, 0 abstentions. Yes. Parlament der Deutschsprachigen Gemeinschaft: 21 to 2 in favour, no abstentions. Yes. Parlement wallon Walloon Parliament The Walloon Parliament , formerly the Walloon Regional Council , is the Parliament of the Walloon Region, commonly called Wallonia, one of the self-governing Regions of Belgium with Flanders and the Brussels-Capital Region... : 55 to 2 in favour, 0 abstention. Yes. Parlement de la Communauté française: 79 to 0 in favour, no abstentions. Yes. Vlaams Parlement Flemish Parliament The Flemish Parliament constitutes the legislative power in Flanders, for matters which fall within the competence of Flanders, both as a geographic region and a cultural community of Belgium The Flemish Parliament (Dutch: , and formerly called Flemish Council or Vlaamse Raad) constitutes the... : 84 to 29 in favour, one abstention. |
13 June 2006 | |
| 9 May 2006 | Yes. Riigikogu: 73 to 1 in favour, no abstentions. | 26 September 2006 | |
| 1 January 2007 | Yes. Due to the provisions of Treaty of Accession 2005 Treaty of Accession 2005 The Treaty of Accession 2005 is an agreement between the member states of European Union and Bulgaria and Romania. It entered into force on 1 January 2007. The Treaty arranged accession of Bulgaria and Romania to the EU and amended earlier Treaties of the European Union... |
Not required | |
| 1 January 2007 | Yes. Due to the provisions of Treaty of Accession 2005 Treaty of Accession 2005 The Treaty of Accession 2005 is an agreement between the member states of European Union and Bulgaria and Romania. It entered into force on 1 January 2007. The Treaty arranged accession of Bulgaria and Romania to the EU and amended earlier Treaties of the European Union... |
Not required | |
| 11 May 2005 | Yes. Národná rada National Council of the Slovak Republic The National Council of the Slovak Republic , abbreviated to NR SR, is the national parliament of Slovakia. It is unicameral, and consists of 150 MPs, who are elected by universal suffrage under proportional representation every four years.... : 116 to 27 in favour, four abstentions. |
||
| 12 May 2005 27 May 2005 31 October 2006 |
Yes. Bundestag Bundestag The Bundestag is a federal legislative body in Germany. In practice Germany is governed by a bicameral legislature, of which the Bundestag serves as the lower house and the Bundesrat the upper house. The Bundestag is established by the German Basic Law of 1949, as the successor to the earlier... : 569 to 23 in favour, two abstentions. Yes. Bundesrat Bundesrat of Germany The German Bundesrat is a legislative body that represents the sixteen Länder of Germany at the federal level... : 66 to 0 in favour, three abstentions. Frozen. Constitutional Court Federal Constitutional Court of Germany The Federal Constitutional Court is a special court established by the Grundgesetz, the German basic law... |
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incl.  Åland Islands |
5 December 2006 Cancelled |
Yes. Eduskunta/Riksdag Parliament of Finland The Eduskunta , is the parliament of Finland. The unicameral parliament has 200 members and meets in the Parliament House in Helsinki. The latest election to the parliament took place on April 17, 2011.- Constitution :... : 125 to 39 in favour, four abstentions. Lagting Parliament of Åland The Lagting, or Lagtinget, is the parliament of Åland, an autonomous, demilitarised and unilingually Swedish-speaking territory of Finland. The Lagting has 30 seats.- Elections :- See also :*Government of Åland, or Ålands landskapsregering... |
|
| 29 May 2005 Cancelled Cancelled |
No. Referendum French referendum on the European Constitution The French referendum on the Treaty establishing a Constitution for Europe was held on 29 May 2005 to decide whether France should ratify the proposed Constitution of the European Union... : 54.68% to 45.32% against, 69.34% participation. Assemblée Nationale French National Assembly The French National Assembly is the lower house of the bicameral Parliament of France under the Fifth Republic. The upper house is the Senate .... : Sénat French Senate The Senate is the upper house of the Parliament of France, presided over by a president.The Senate enjoys less prominence than the lower house, the directly elected National Assembly; debates in the Senate tend to be less tense and generally enjoy less media coverage.-History:France's first... : |
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| 1 June 2005 Cancelled Cancelled |
No. Consultative referendum Dutch referendum on the European Constitution The Dutch referendum on the Treaty establishing a Constitution for Europe was a consultative referendum that was held on 1 June 2005 to decide if the Netherlands would ratify the proposed Constitution of the European Union.... : 61.54% to 38.46% against, 63.30% participation. Tweede Kamer: Eerste Kamer: |
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| Cancelled Cancelled Cancelled |
Referendum Czech referendum on the European Constitution The Czech referendum on the Treaty establishing a Constitution for Europe was expected to take place in 2006 to decide whether the Czech Republic should ratify the proposed Constitution of the European Union... : Senát Senate of the Czech Republic The Senate of the Parliament of the Czech Republic , usually referred to as Senát, is the upper chamber of the Parliament of the Czech Republic... : Poslanecká sněmovna Chamber of Deputies of the Czech Republic The Chamber of Deputies of the Parliament of the Czech Republic is the lower house of the bicameral Parliament of the Czech Republic. The seat of the Chamber of Deputies is situated in palaces in Malá Strana, Prague.... : |
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Referendum Danish referendum on the European Constitution The Danish referendum on the Treaty establishing a Constitution for Europe was a planned referendum to be held on 27 September 2005, that would have put the proposed Constitution to the voters of Denmark for ratification... : Folketinget: |
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Referendum Irish referendum on the European Constitution The Irish referendum on the Treaty establishing a Constitution for Europe was a vote that was planned but did not occur. The referendum was expected to take place in 2005 or 2006 to decide whether Ireland should ratify the proposed EU Constitution... : Dáil Éireann Dáil Éireann Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote... : Seanad Éireann Seanad Éireann Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by... : |
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Referendum Polish referendum on the European Constitution The Polish referendum on the Treaty establishing a Constitution for Europe was a referendum expected to be held on in October 2005 to decide whether Poland should ratify the proposed Constitution of the European Union... : Sejm Sejm The Sejm is the lower house of the Polish parliament. The Sejm is made up of 460 deputies, or Poseł in Polish . It is elected by universal ballot and is presided over by a speaker called the Marshal of the Sejm .... : Senat Senate of Poland The Senate is the upper house of the Polish parliament, the lower house being the 'Sejm'. The history of the Polish Senate is rich in tradition and stretches back over 500 years, it was one of the first constituent bodies of a bicameral parliament in Europe and existed without hiatus until the... : |
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Referendum Portuguese referendum on the European Constitution The Portuguese referendum on the Treaty establishing a Constitution for Europe was a planned referendum to be held on October 9, 2005 to decide whether the Portugal should ratify the proposed Constitution of the European Union.... : Assembleia da Republica Assembly of the Republic The Assembly of the Republic is the Portuguese parliament. It is located in a historical building in Lisbon, referred to as Palácio de São Bento, the site of an old Benedictine monastery... : |
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Referendum United Kingdom referendum on the European Constitution A referendum was expected to take place in the United Kingdom in 2006 to decide whether the country should ratify the proposed Treaty establishing a Constitution for Europe. However, following the rejection of the Constitution by similar referendums in France in May 2005 and the Netherlands in June... : House of Commons British House of Commons The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members... : House of Lords House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster.... : |
Institutional structure
Under the TCE, the Council of the European UnionCouncil of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
would have been formally renamed the "Council of Ministers", which is already its informal title. The "General Affairs Council" would have been formally split from the "Foreign Affairs Council", which had informally held meetings separately since June 2002.
The TCE included a flag
European flag
The flag of Europe consists of a circle of 12 golden stars on an azure background. It is the flag and emblem of the European Union and Council of Europe . It is also often used to indicate eurozone countries, and, more loosely, to represent the continent of Europe or the countries of Europe...
, an anthem and a motto, which had previously not had treaty recognition, although none of them is new.
Conferral, subsidiarity, proportionality
The TCE would have reiterated several key principles of how the Union functions:- the principle of conferralPrinciple of conferralThe principle of conferral is a fundamental principle of European Union law. According to this principle, the EU is a union of member states, and all its competences are voluntarily conferred on it by its member states...
: that all EU competences are conferred on it voluntarily by member states; - the principle of subsidiarity: that governmental decisions should be taken at the lowest level possible while still remaining effective;
- the principle of proportionalityProportionality (political maxim)The principle of proportionality is a political maxim which states that no layer of government should take any action that exceeds that which is necessary to achieve the objective of government . It was initially developed in the German legal system.It is a fundamental principle of European Union...
: 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 TCE would have specified 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
Principle of conferral
The principle of conferral is a fundamental principle of European Union law. According to this principle, the EU is a union of member states, and all its competences are voluntarily conferred on it by its member states...
. The EU would have no competences by right, and thus any areas of policy not explicitly specified in the Constitution would have remained the domain of the sovereign member states (notwithstanding the ‘flexibility clause' – see below).
According to the TCE, the EU may act (i.e. make laws) only 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. It is a main argument against claims that Europe limits national sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
but critics say that it is a principle to which lip service only is paid, and, in practice, the reach of the EU has been increasingly ambitious.
Primacy of Union law
Amongst European countries, the European Court of JusticeEuropean Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
has consistently ruled since 1964 that 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 and fundamental principle of European Community law was first recognised in the case of Van Gend en Loos in 1963 which was followed in Costa v. ENEL
Costa v. ENEL
Flaminio Costa v ENEL [1964] ECR 585 was a landmark decision of the European Court of Justice which established the supremacy of European Union law over the laws of its member states.-Facts:...
in 1964.
Common values of the Union's member states
As stated in Articles I-1 and I-2, the Union is open to all European States that respect the member states' common values, namely:- human dignityDignityDignity is a term used in moral, ethical, and political discussions to signify that a being has an innate right to respect and ethical treatment. It is an extension of the Enlightenment-era concepts of inherent, inalienable rights...
- freedomFreedom (political)Political freedom is a central philosophy in Western history and political thought, and one of the most important features of democratic societies...
- democracyDemocracyDemocracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
- equalitySocial equalitySocial equality is a social state of affairs in which all people within a specific society or isolated group have the same status in a certain respect. At the very least, social equality includes equal rights under the law, such as security, voting rights, freedom of speech and assembly, and the...
- the rule of lawRule of lawThe rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
- respect for human rightsHuman rightsHuman rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
- minorityMinority groupA minority is a sociological group within a demographic. The demographic could be based on many factors from ethnicity, gender, wealth, power, etc. The term extends to numerous situations, and civilizations within history, despite the misnomer of minorities associated with a numerical statistic...
rights - free marketFree marketA free market is a competitive market where prices are determined by supply and demand. However, the term is also commonly used for markets in which economic intervention and regulation by the state is limited to tax collection, and enforcement of private ownership and contracts...
Member states also declare that the following principles prevail in their society:
- pluralism
- non-discriminationDiscriminationDiscrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
- toleranceTolerationToleration is "the practice of deliberately allowing or permitting a thing of which one disapproves. One can meaningfully speak of tolerating, ie of allowing or permitting, only if one is in a position to disallow”. It has also been defined as "to bear or endure" or "to nourish, sustain or preserve"...
- justiceJusticeJustice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
- solidaritySolidarity (sociology)Solidarity is the integration, and degree and type of integration, shown by a society or group with people and their neighbors. It refers to the ties in a society - social relations - that bind people to one another. The term is generally employed in sociology and the other social sciences.What...
- equality of the sexSexIn biology, sex is a process of combining and mixing genetic traits, often resulting in the specialization of organisms into a male or female variety . Sexual reproduction involves combining specialized cells to form offspring that inherit traits from both parents...
es
Some of these provisions are codified for the first time in the TCE.
Aims of the Union
The aims of the EU, according to the TCE, are made explicit (Article I-3):- promotion of peacePeacePeace is a state of harmony characterized by the lack of violent conflict. Commonly understood as the absence of hostility, peace also suggests the existence of healthy or newly healed interpersonal or international relationships, prosperity in matters of social or economic welfare, the...
, its values and the well-being of its people - maintenance of freedom, securitySecuritySecurity is the degree of protection against danger, damage, loss, and crime. Security as a form of protection are structures and processes that provide or improve security as a condition. The Institute for Security and Open Methodologies in the OSSTMM 3 defines security as "a form of protection...
and justice without internal borders, and an internal marketMarketA market is one of many varieties of systems, institutions, procedures, social relations and infrastructures whereby parties engage in exchange. While parties may exchange goods and services by barter, most markets rely on sellers offering their goods or services in exchange for money from buyers...
where competitionCompetitionCompetition is a contest between individuals, groups, animals, etc. for territory, a niche, or a location of resources. It arises whenever two and only two strive for a goal which cannot be shared. Competition occurs naturally between living organisms which co-exist in the same environment. For...
is free and undistorted - sustainable developmentSustainable developmentSustainable development is a pattern of resource use, that aims to meet human needs while preserving the environment so that these needs can be met not only in the present, but also for generations to come...
based on balanced economic growthEconomic growthIn economics, economic growth is defined as the increasing capacity of the economy to satisfy the wants of goods and services of the members of society. Economic growth is enabled by increases in productivity, which lowers the inputs for a given amount of output. Lowered costs increase demand...
and price stability, a highly competitive social market economySocial market economyThe social market economy is the main economic model used in West Germany after World War II. It is based on the economic philosophy of Ordoliberalism from the Freiburg School... - social justiceSocial justiceSocial justice generally refers to the idea of creating a society or institution that is based on the principles of equality and solidarity, that understands and values human rights, and that recognizes the dignity of every human being. The term and modern concept of "social justice" was coined by...
and protection, equality between women and men, solidarity between generations and protection of the rights of the child - economic, social and territorial cohesion, and solidarity among member states
- respect for linguisticLanguageLanguage may refer either to the specifically human capacity for acquiring and using complex systems of communication, or to a specific instance of such a system of complex communication...
and culturalCultureCulture is a term that has many different inter-related meanings. For example, in 1952, Alfred Kroeber and Clyde Kluckhohn compiled a list of 164 definitions of "culture" in Culture: A Critical Review of Concepts and Definitions...
diversity
In its relations with the wider world the Union's objectives are:
- to uphold and promote its values and interests
- to contribute to peace, security, the sustainable development of the EarthEarthEarth is the third planet from the Sun, and the densest and fifth-largest of the eight planets in the Solar System. It is also the largest of the Solar System's four terrestrial planets...
- solidarity and mutual respect among people
- freeFree tradeUnder a free trade policy, prices emerge from supply and demand, and are the sole determinant of resource allocation. 'Free' trade differs from other forms of trade policy where the allocation of goods and services among trading countries are determined by price strategies that may differ from...
and fairFair tradeFair trade is an organized social movement and market-based approach that aims to help producers in developing countries make better trading conditions and promote sustainability. The movement advocates the payment of a higher price to producers as well as higher social and environmental standards...
tradeTradeTrade is the transfer of ownership of goods and services from one person or entity to another. Trade is sometimes loosely called commerce or financial transaction or barter. A network that allows trade is called a market. The original form of trade was barter, the direct exchange of goods and... - eradication of povertyPovertyPoverty is the lack of a certain amount of material possessions or money. Absolute poverty or destitution is inability to afford basic human needs, which commonly includes clean and fresh water, nutrition, health care, education, clothing and shelter. About 1.7 billion people are estimated to live...
and the protection of human rights, in particular the rights of the child - strict observance and development of international lawInternational lawPublic international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, including respect for the principles of the United NationsUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
CharterUnited Nations CharterThe Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
.
Competences
The EU has six exclusive competences, policy areas in which member states have agreed that they should act exclusively through the EU and not legislate at a national level. The list remains unchanged from the previous treaties:- customs unionCustoms unionA customs union is a type of trade bloc which is composed of a free trade area with a common external tariff. The participant countries set up common external trade policy, but in some cases they use different import quotas...
; - those competition rules that govern the internal market;
- eurozoneEconomic and Monetary Union of the European UnionThe Economic and Monetary Union is an umbrella term for the group of policies aimed at converging the economies of members of the European Union in three stages so as to allow them to adopt a single currency, the euro. As such, it is largely synonymous with the eurozone.All member states of the...
monetary policy; - conservation of marine biological resources (the Common Fisheries PolicyCommon Fisheries PolicyThe Common Fisheries Policy is the fisheries policy of the European Union . It sets quotas for which member states are allowed to catch what amounts of each type of fish, as well as encouraging the fishing industry by various market interventions...
); - 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 these are areas where member states may act both nationally and through the EU if they wish). Three new competences have been added to those in previous treaties (see below).
There are a number of areas where the EU may take only 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, three new competences have been added to those from previous treaties (see below).
Flexibility clause
The TCE's flexibility clause allows the EU to act in areas not made explicit in the TCE, but only:- if all member states agree;
- with the consent of the European ParliamentEuropean ParliamentThe European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
; and - where this is necessary to achieve an agreed objective under the TCE.
This clause has been present in EU law since the original Treaty of Rome
Treaty of Rome
The Treaty of Rome, officially the Treaty establishing the European Economic Community, was an international agreement that led to the founding of the European Economic Community on 1 January 1958. It was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany...
, which established the EEC in 1958.
Common foreign and security policy
The EU is charged with defining and implementing a common foreign and security policyCommon Foreign and Security Policy
The Common Foreign and Security Policy is the organised, agreed foreign policy of the European Union for mainly security and defence diplomacy and actions. CFSP deals only with a specific part of the EU's external relations, which domains include mainly Trade and Commercial Policy and other areas...
in due time. The wording of this article is taken from the existing Treaty on European Union.
Legal personality
The European Union for the first time has legal personality under the TCE. This means that it is able to represent itself as a single body in certain circumstances under international lawInternational law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
. Most significantly, it is able to sign treaties as a single body where all its member states agree.
New competences
The TCE would have conferred upon the EU 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 would have continued to co-operate in some areas of criminal judicial proceedings where they agree to do so, as at present. Under the TCE, seven new areas of co-operation would have been added:- Child abuseChild abuseChild abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...
- CorruptionPolitical corruptionPolitical corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
- FraudFraudIn criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
- Human traffickingHuman traffickingHuman trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...
- Drug traffickingIllegal drug tradeThe illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...
- TerrorismTerrorismTerrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
- Trafficking of arms
Solidarity clause
The new solidarity clause of the TCE 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. The type of assistance to be offered is not specified. Instead, the arrangements will be decided by the Council of MinistersCouncil of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
should the situation arise.
European Public Prosecutor
Provision exists for the creation of a European Public ProsecutorEuropean Public Prosecutor
The European Public Prosecutor is a proposed post in the European Union that can be established under the Treaties as amended by the Treaty of Lisbon.-Treaty:...
's Office, if all member states agree to it and if the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
gives its consent.
Charter of Fundamental Rights of the European Union
The TCE 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. At the time of the Charter's original agreement, the British Government said that it did not have binding effect. Incorporation into TCE would have put its importance beyond doubt.Simplified jargon and legal instruments
The TCE makes an effort to simplify jargonJargon
Jargon is terminology which is especially defined in relationship to a specific activity, profession, group, or event. The philosophe Condillac observed in 1782 that "Every science requires a special language because every science has its own ideas." As a rationalist member of the Enlightenment he...
and reduce the number of EU legal instruments (ways in which EU countries may act). However, it is a long document couched in obscure and technical terms, which proved unpopular when presented (for example) to French voters in their referendum on the TCE.
The TCE unifies legal instruments across areas of policy (referred to as pillars of the European Union in previous treaties). Specifically:
- 'European Regulations' (of the Community pillar) and 'Decisions' (of the Police and Judicial Co-operation in Criminal MattersPolice and Judicial Co-operation in Criminal MattersThe third of the three pillars of the European Union was Justice and Home Affairs , which was shrunk and renamed Police and Judicial Co-operation in Criminal Matters in 2003. The pillar existed between 1993 and 2009, when it was absorbed into a consolidated EU structure.The pillar focused on...
(PJC) 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 PolicyCommon Foreign and Security PolicyThe Common Foreign and Security Policy is the organised, agreed foreign policy of the European Union for mainly security and defence diplomacy and actions. CFSP deals only with a specific part of the EU's external relations, which domains include mainly Trade and Commercial Policy and other areas...
Pillar) are both replaced by Decisions.
Position of Union Minister for Foreign Affairs
Under the TCE, the role of High Representative for the Common Foreign and Security Policy would be amalgamated with the role of the Commissioner for External Relations. This would create a new Union Minister for Foreign Affairs who would also be a Vice President of the Commission. This individual would be responsible for co-ordinating foreign policy across the Union, representing the EU abroad in areas where member states agree to speak with one voice.Qualified majority voting
More day-to-day decisions in the Council of MinistersCouncil of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
would be to be taken by qualified majority voting, requiring a 55% majority of members of the Council representing a 65% majority of citizens. (The 55% is raised to 72% when the Council acts on its own initiative rather than on a legislative proposal from the Commission or the Union Minister for Foreign Affairs.) The unanimous agreement of all member states would only be required for decisions on more sensitive issues, such as tax, social security, foreign policy and defense.
President of the European Council
The six-month rotating Presidency of the European CouncilEuropean Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
would switch to a chair chosen by the heads of government, in office for 2½ years and renewable once. The role itself would remain administrative and non-executive, but rather than the Presidency being held by a member state as at present, it would be held by an individual elected by and accountable to the Council.
President of the Council of Ministers
The six-month rotating Presidency of the Council of MinistersCouncil of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
, which currently coincides with the Presidency of the European Council
European Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
, would be changed to an 18-month rotating Presidency shared by a trio of member countries, in an attempt to provide more continuity. The exception would be the Council's Foreign Affairs configuration, which would be chaired by the newly-created Union Minister for Foreign Affairs.
Smaller Commission
The CommissionEuropean Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
would be reduced in size from 27 to 18 by the year 2014. There would be fewer Commissioners, with member states taking it in turn to nominate Commissioners two times out of three.
Parliamentary power and transparency
- President of the Commission: The candidate for President of the European CommissionPresident of the European CommissionThe President of the European Commission is the head of the European Commission ― the executive branch of the :European Union ― the most powerful officeholder in the EU. The President is responsible for allocating portfolios to members of the Commission and can reshuffle or dismiss them if needed...
would be proposed by the European CouncilEuropean CouncilThe European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
, after consultation with MEPsMember of the European ParliamentA Member of the European Parliament is a person who has been elected to the European Parliament. The name of MEPs differ in different languages, with terms such as europarliamentarian or eurodeputy being common in Romance language-speaking areas.When the European Parliament was first established,...
, and would be elected by the European ParliamentEuropean ParliamentThe European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
. Parliament would have the final say. - Parliament as co-legislature: The European ParliamentEuropean ParliamentThe European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
would acquire 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 MinistersCouncil of the European UnionThe Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
would be required to meet in public when debating all new laws. Currently, it meets in public only for texts covered under the Codecision procedure. - Budget: The final say over the EU's annual budget would be given to the European ParliamentEuropean ParliamentThe European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
. Agricultural spending would no longer be ring-fenced, and would be brought under the Parliament's control. - Role of national parliaments: Member states' national parliaments would be given a new role in scrutinising proposed EU laws, and would be 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 would be forced to submit an explanation to the parliament concerned and to the Council of Ministers.
- Popular mandate (aka initiativeInitiativeIn political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
): The Commission would be 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 would be put into practice has yet to be agreed. (See Article I-46(4) for details.)
Enhanced co-operation
There would be a tightening of existing rules for 'enhanced cooperation', where some member states would have chosen to act together more closely and others not. A minimum of one third of member states would now be forced to participate in any enhanced cooperation, and the agreement of the European ParliamentEuropean Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
is needed. The option for enhanced cooperation would also be widened to all areas of agreed EU policy.
Treaty revisions
Previously, alteration of treaties was decided by unanimous agreement of the European CouncilEuropean Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
in private meeting. Proponents of the TCE claim that any amendments to the Constitutional treaty will involve the convening of a new Convention, similar to that chaired by Valéry Giscard d'Estaing
Valéry Giscard d'Estaing
Valéry Marie René Georges Giscard d'Estaing is a French centre-right politician who was President of the French Republic from 1974 until 1981...
in drafting the TCE. This process may be bypassed if the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
agrees, in which case, the final say on adopting proposals will 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
European Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
through the so-called 'Passerelle Clause
Passerelle Clause
The Passerelle Clause is a clause within treaties of the European Union that allows the European Council to unanimously decide to replace unanimous voting in the Council of Ministers with qualified majority voting in specified areas with the previous consent of the European Parliament, and move...
' (Article IV-444) if every member state agrees.
Withdrawal clause
A new clause in the TCE allows for the withdrawal of any member state without renegotiation of the TCE or violation of treaty commitments (clause I-60). 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. The process described is a formalisation of the process which GreenlandGreenland
Greenland is an autonomous country within the Kingdom of Denmark, located between the Arctic and Atlantic Oceans, east of the Canadian Arctic Archipelago. Though physiographically a part of the continent of North America, Greenland has been politically and culturally associated with Europe for...
used to leave the EC in 1985.
External links
- History of the Constitution – Academic site linking to many documents concerning the preparation, negotiation and ratification stages of the TCE and previous treaties.
- The Constitution for the European Union European NAvigator