| Why do we need a European Constitution? Once the Treaty of Nice was signed, the body of Community law as a whole was based on eight treaties and more than 50 protocols and annexes. The combination of these various treaties made the European structure more and more complex and very difficult for European citizens to comprehend. The Constitution thus aims to make the European Union more effective, more transparent, more comprehensible and closer to European citizens. How was the Constitutional Treaty drafted? At its meeting in Laeken in December 2001, the European Council established the European Convention to prepare the reform and make proposals. The choice of a Convention represented a significant departure from previous treaty revision procedures, reflecting the desire to do away with meetings of government leaders held behind closed doors. The Convention, which brought together representatives of the Member States, European Parliament, national parliaments and Commission, debated in public between February 2002 and July 2003. The fruit of its labour, the draft Treaty establishing a Constitution for Europe, served as a basis for the 2003/2004 Intergovernmental Conference (IGC) negotiations. The IGC took place between October 2003 and June 2004 and reached a consensus on the Treaty establishing a Constitution for Europe. This Constitutional Treaty replaces all the treaties signed over the last 50 years, with the exception of the Euratom Treaty. How and when does the Constitution come into force? As with the earlier treaties, ratification by all Member States is needed for the new Treaty to enter into force. The Member States are proceeding in accordance with their own constitutional provisions, involving ratification either by parliament or by a referendum. The ratification process is expected to last for two years. The Constitution is expected to enter into force on 1 November 2006. What principal changes does the Constitutional Treaty bring about? The integration of the Charter for Fundamental Rights into the text, the clear acknowledgement of the Union’s values and objectives as well as the principles underlying the relationship between the Union and its Member States, allow us to call this basic text our “Constitution”. Several principal changes will ensure higher efficiency and transparency of the Union: Institutional Amendments The European Parliament will, jointly with the Council of Ministers, enact legislation and exercise the budgetary function, as well as functions of political control and consultation. It will elect the President of the European Commission on a proposal from the European Council (adopted by qualified majority), which will have to take into account the results of the elections; the EP will also approve the Commission as a whole. The European Parliament will have 750 Members from 2009, with smaller countries having a relatively larger proportion than bigger countries The European Council, consisting of the heads of state and government of the EU countries and the President of the Commission, is recognised as a fully-fledged institution. A permanent “President of the European Council” will be introduced. The President will be elected for a renewable term of 2 ½ years.
Decision-Making System of competences The draft Constitution first of all defines essential principles regarding: - the principle governing the allocation of the Union’s powers; - lawmaking in accordance with the principles of subsidiarity and the proportionality of the exercise of competences; - the primacy of Union law, which is stated unambiguously; - the obligation of Member States to implement Union law.
Distinctions are drawn between three categories of Union powers: areas of exclusive competence, of shared competence and areas where the Union may take supporting action.
How will the Constitutional Treaty affect the EU’s external relations? In the field of external relations, the Treaty provides simplification and new arrangements that will enhance the EU’s profile in the world and strengthen its capacity to act with its partners. Two institutional provisions will have a particular impact in the external field: a Union Minister for Foreign Affairs, who will also be a Vice-President of the Commission: he/she will conduct the Union’s Common Foreign and Security Policy (CFSP), and coordinate within the Commission all aspects of the Union’s external actions, thus ensuring that the Union speaks with one voice in international relations. a President of the European Council who will represent, at his/her level, the Union on issues concerning CFSP.
Partners will thus benefit from more coherence of EU actions and greater clarity in its external representation. The Constitutional Treaty makes minor changes to the rules governing membership of the Union and the procedure for accession. The Constitution introduces several new criteria relating to the values of the Union that have to be respected by any candidate country. The procedure for accession is maintained as set out in the current Treaties. Article I-1 of the Constitutional Treaty provides that "the Union shall be open to all European States which respect its values and are committed to promoting them together". Article I-58 stipulates that "the Union shall be open to all European States which respect the values of the Union , which are referred to in Article I-2". However, this Article includes a number of supplementary criteria, by comparison with the existing Treaty, hence including human dignity and equality and referring to the rights of persons belonging to minorities. This Article also specifies that the societies of the Member States must be characterised by "pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men". | 