Treaty establishing a Constitution for Europe

The European Constitution was an international treaty intended to create a constitution for the European Union It would have replaced the existing Treaties of the European Union with a single text Given limited legal force to the Charter of Fundamental Rights Expanded Qualified Majority Voting into policy areas

It was signed in by representatives of the then 25 member states of the European Union and needed to be ratified by all member states to enter into force The rejection of the Constitution by French and Dutch The European Council decided to start negotiations on a Reform Treaty The Lisbon Treaty

Drafting Valéry Giscard d'Estaing proposed to draft a "European Constitution” July 2003 The "Draft Treaty establishing a Constitution for Europe“ was published In the meanwhile … Romano Prodi backed a draft text which contained a deeper integration of the countries Penelope Project June 2004 The Irish presidency the final text of the TCE

Signing and ratification 29 october Jenuary may July senior political figures from the 25 member states of the European Union signed the Constitution for Europe The European Parliament voted a legally non-binding resolution in support of the Constitution The French public rejected the Constitution by margin of 55% to 45% on a turn out of 69% The Dutch rejected the constitution by a margin of 61% to 39% on a turnout of 62% Luxembourg held a referendum on 10 July 2005 approving the Constitution by 57% to 43%

Post-rejection 4 June 2007 June december 2007 The Amato Group proposed to rewrite the Treaty on European Union The new treaty would be based on the first and fourth parts of the Constitution Member States agreed to abandon the constitution and to amend the existing treaties They agreed a detailed mandate for a new intergovernmental conference to negotiate a new treaty containing The new treaty become the Lisbon Treaty on its signing in Lisbon

Institutional structure The Council of the European Union would have been formally renamed the "Council of Ministers” The "General Affairs Council" would have been formally split from the "Foreign Affairs Council” which had held meetings separately since June 2002 The TCE included a flag, an anthem and a motto

Conferral, subsidiarity, proportionality The TCE would have reiterated several key principles of how the Union functions: The principle of conferral: that all EU competences are conferred on it voluntarily by member states; The principle of subsidiarity: that governmental decisions should be taken at the lowest level possible while still remaining effective; The principle of proportionality: that the EU may only act to exactly the extent that is needed to achieve its objectives; The primacy of EU law: in areas where member states have made legally binding agreements at EU level, they may not then pass national laws incompatible with those EU laws.

Primacy of Union law The European Court of Justice 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 is deemed to be 'disapplied' when questions arise in courts. The case of Van Gend en Loos in 1963 which was followed in Costa v. ENEL in 1964

Common values of the Union's member states: Human dignity Freedom Democracy Equality Trule of law Respect for human rights Minority rights Free market

Member states also declare that the following principles prevail in their society: Pluralism Non-discrimination Tolerance Justice Solidarity Equality of the sexes 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 peace, its values and the well-being of its people Maintenance of freedom, security and justice without internal borders, and an internal market where competition is free and undistorted Sustainable development based on balanced economic growth and price stability, a highly competitive social market economy Social justice 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 linguistic and cultural 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 Earth Solidarity and mutual respect among people Free and fair trade Eradication of poverty and the protection of human rights, in particular the rights of the child Strict observance and development of international law, including respect for the principles of the United Nations Charter

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. Customs union Those competition rules that govern the internal market Eurozone monetary policy Conservation of marine biological resources (the Common Fisheries Policy) Common commercial policy The conclusion of certain limited international agreements

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 Parliament 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, which established the EEC in 1958

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 law. Most significantly, it is able to sign treaties as a single body where all its member states agree.

Criminal justice proceedings Member states would have continued to co-operate in some areas of criminal judicial proceedings. Under the TCE, seven new areas of co-operation would have been added: Terrorism Trafficking in persons Offences against children Drug trafficking Arms trafficking Corruption Fraud

Solidarity clause The new solidarity clause of the TCE specifies that any member state which falls : victim to a terrorist attack disaster will receive assistance from other member states The type of assistance is not specified The arrangements will be decided by the Council of Ministers should the situation arise.

Charter of Fundamental Rights of the European Union Main article: 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

Simplified jargon and legal instruments The TCE makes an effort to simplify jargon and reduce the number of EU legal instruments The TCE unifies legal instruments across areas of policy : 'European Regulations' and 'Decisions' both become referred to as European laws. 'European Directives' and 'Framework Decisions' both become referred to as European framework laws. 'Conventions' are done away with, replaced in every case by either European laws or European framework laws. 'Joint actions' and 'Common positions' are both replaced by Decisions.

Position of Union Minister for Foreign Affairs The present 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 where member states agree to speak with one voice.

Qualified majority voting More day-to-day decisions in the Council of 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 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 Presidency of the European Council 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 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 Presidency of the Council of Ministers coincides with the Presidency of the European Council He would be changed to an 18-month rotating Presidency shared by a trio of member countries The exception would be the Council's Foreign Affairs configuration, which would be chaired by the newly-created Union Minister for Foreign Affairs.

Parliamentary power and transparency President of the Commission Parliament as co-legislature Meeting in public The candidate would be proposed by the European Council, after consultation with MEPs The European Parliament would acquire equal legislative power under the codecision procedure with the Council. It had this power in most cases but not all Council of Ministers would be required to meet in public when debating all new laws but only for texts covered under the Codecision procedure

Budget Role of national parliaments Popular mandate (aka initiative) The final say over the EU's annual budget would be given to the European Parliament 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 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

Treaty revisions The unanimous agreement decided the alteration of the European Council Proponents of the TCE claim that any amendments to the Constitutional treaty will involve the convening of a new Convention This process may be bypassed if the European Parliament agrees A small revisions can be made by the European Council through the so-called 'Passerelle Clause' (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). 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 Greenland used to leave the EC in 1985.