Crombez1 The Failure of the Constitutional Treaty: Causes and Consequences Christophe Crombez

Crombez2 Outline Toward an EU Constitution: Origins and Process Toward an EU Constitution: Origins and Process Structure of the Constitution Structure of the Constitution Evaluation of the Contents Evaluation of the Contents What Went Wrong? What Went Wrong? Prospects for Adoption Prospects for Adoption

Crombez3 Toward an EU Constitution The first steps towards a Constitution were made at the European Council meeting in Laeken in December The first steps towards a Constitution were made at the European Council meeting in Laeken in December At that European Council meeting the heads of state and government issued the Declaration of Laeken. At that European Council meeting the heads of state and government issued the Declaration of Laeken.

Crombez4 In the Declaration the European Council identified three principal challenges for the EU. In the Declaration the European Council identified three principal challenges for the EU. 1.Bring the institutions closer to its citizens, do something about the ‘democratic deficit’. 2.Reform the institutions to prepare for enlargement. 3.Render the EU more effective in world politics Common Foreign and Security Policy (CFSP)

Crombez5 Previous attempts to reform the institutions through Intergovernmental Conferences had failed (Amsterdam 1997, Nice 2001). Previous attempts to reform the institutions through Intergovernmental Conferences had failed (Amsterdam 1997, Nice 2001). For this reason the EU decided to try a different route and call a Convention. For this reason the EU decided to try a different route and call a Convention. The Convention was a group of politicians of various European institutions (EU and national) brought together to discuss the main challenges the EU was/is facing. The Convention was a group of politicians of various European institutions (EU and national) brought together to discuss the main challenges the EU was/is facing. It submitted a draft Constitution to the European Council in Thessaloniki in June It submitted a draft Constitution to the European Council in Thessaloniki in June The European Council then called a new IGC and agreed on the ‘Treaty Establishing a Constitution For Europe’ at the European Council in Brussels in June The European Council then called a new IGC and agreed on the ‘Treaty Establishing a Constitution For Europe’ at the European Council in Brussels in June 2004.

Crombez6 The Treaty was signed in Rome in October The Treaty was signed in Rome in October It currently awaits ratification by the member states. It currently awaits ratification by the member states. –13 MS have already ratified it. Austria, Cyprus, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Slovakia, Slovenia and Spain –France and the Netherlands rejected it in referendums. –5 more MS would hold referendums. The Czech Republic, Denmark, Ireland, Portugal and the United Kingdom

Crombez7Structure Part I: The Basics, the real Constitution Part I: The Basics, the real Constitution –60 articles, 30 pages –Definition and objectives –Competences –Institutions, … Part II: The Charter of Fundamental Rights Part II: The Charter of Fundamental Rights –54 articles, 14 pages –This is the text of a declaration approved in Nice in Part III: The Policies and Functioning of the Union Part III: The Policies and Functioning of the Union –322 articles, 131 pages –These are the old treaties. Part IV: General and Final Provisions (12 articles, 6 pages) Part IV: General and Final Provisions (12 articles, 6 pages) Protocols and Annexes Protocols and Annexes

Crombez8Evaluation 1. Democracy Vote weights in the Council: QMVVote weights in the Council: QMV 55% of MS, 15 MS, 65% of population 55% of MS, 15 MS, 65% of population Blocking minority is at least 4 MS Blocking minority is at least 4 MS Old rules: 232/321 votes, 50% of MS, 62% of population Old rules: 232/321 votes, 50% of MS, 62% of population Parliament PowersParliament Powers More codecision More codecision This is a move toward a more uniform legislative process. This is a move toward a more uniform legislative process. Transparency and simplicityTransparency and simplicity Legislative Council meetings will be open. Legislative Council meetings will be open. A single treaty, a single legal personality A single treaty, a single legal personality

Crombez9 2. Enlargement Decision Rule in the Council: more QMVDecision Rule in the Council: more QMV Council PresidencyCouncil Presidency Commission CompositionCommission Composition Max. 2/3 of MS from 2014 onward (old: Max. 27) Enhanced Cooperation: min. 1/3 of MSEnhanced Cooperation: min. 1/3 of MS 3. Effectiveness in World Politics EU Minister of Foreign AffairsEU Minister of Foreign Affairs Will also be Vice-President of the Commission Will also be Vice-President of the Commission Is thus the result of a merger of two current positions Is thus the result of a merger of two current positions High Representative for the CFSPHigh Representative for the CFSP Commissioner for External RelationsCommissioner for External Relations The Council still decides by unanimity, but it can decide by unanimity no longer to use unanimity.The Council still decides by unanimity, but it can decide by unanimity no longer to use unanimity.

Crombez10 The Constitution represents a small step toward a more democratic, more efficient and more effective EU. The Constitution represents a small step toward a more democratic, more efficient and more effective EU. Some of these steps can be achieved without a new treaty. Some of these steps can be achieved without a new treaty. Steps in EU integration are results of compromises, they do not correspond to an elegant, well-thought through plan. Steps in EU integration are results of compromises, they do not correspond to an elegant, well-thought through plan.

Crombez11 What Went Wrong? With ratification by all 25 MS required, it was long clear that this would be a problem. With ratification by all 25 MS required, it was long clear that this would be a problem. Calling referenda on a treaty that changes so little seems pointless. Calling referenda on a treaty that changes so little seems pointless. Voters are unhappy for unrelated reasons. Voters are unhappy for unrelated reasons. –Turkey, the Euro, immigration, the welfare state –The unpopularity of national leaders There are a lot of misunderstandings about what is really new in the Constitution. There are a lot of misunderstandings about what is really new in the Constitution. It was probably not a good idea to refer to the new treaty as a Constitution. It was probably not a good idea to refer to the new treaty as a Constitution.

Crombez12Prospects Right now we are nearing the end of the ‘reflection period’. Right now we are nearing the end of the ‘reflection period’. The Austrian Presidency is to revive the ratification process. The Austrian Presidency is to revive the ratification process. The expectation is that not much will happen till the German Presidency a year from now. The expectation is that not much will happen till the German Presidency a year from now. The three most likely scenarios: The three most likely scenarios: –The ratification process is resumed. A statement on social policy is added to the Treaty. –A few important elements on the functioning of the institutions, etc. are adopted separately. –The Constitution is dead. Some elements may be implemented without Treaty reform.