History of the Treaty establishing a Constitution for Europe

This article discusses the history of the Treaty establishing a Constitution for Europe, which was signed in 2004 and although ratified by some European Union member states was rejected in referenda in France and Netherlands. In 2007 a revised version was agreed as the Treaty of Lisbon.

Origins

Already in 1839, the Spanish author Juan Francisco Siñeriz has published a project for a European Constitution "Constitución Europea: con cuya observancia se evitarán las guerras civiles, las nacionales y las revoluciones y con cuya sanción se consolidará una paz permanente en Europa", Juan Francisco Siñeriz, Colegio Nacional deSordo-Mudos, Madrid, 1839.] with a confederal approach and a tribunal to solve disputes.

For the first half-century of the history of the European Union, its constitutional law was the result of successive treaties, the most important among these being the Treaty of Rome (1957) and the Maastricht treaty (formally the Treaty on European Union, 1992). The 2004 project of a Constitutional treaty is in large part a consolidation of these two documents, as modified by the more recent treaties of Amsterdam (1997) and Nice (2001).

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

The Laeken declaration of December 2001 committed the EU to improving democracy, transparency and efficiency, and set out the process by which a constitution could be arrived at. The European Convention was established, presided over by former French President Valéry Giscard d'Estaing, and was given the task of consulting as widely as possible across Europe with the aim of producing a first draft of the Constitution. This would then be handed over to an Intergovernmental Conference, scheduled for 2004, which would finalise a new treaty.

Drafting

The Convention consisted mainly of representatives of national parliaments, not only from existing member states but also from candidate countries, as well as representatives of heads of state and government. It published its final draft in July 2003.

In the meanwhile Romano Prodi, the President of the European Commission with the Commissioner Members of the Convention, Michel Barnier and Antonio Vitorino, backed a draft text, called Penelope Project, which contained a deeper integration of the countries and a more clear institutional model. [ [http://www.politicainternazionale.it/file%20PDF/A&T%201.2003%20-%20en/2.pdf Penelope project on constitution] ]

The Intergovernmental Conference (IGC) then discussed the Europen Convention draft at two meetings of the Council during italian presidency, in September and December, but agreement was not reached when Poland and Spain refused to accept the proposed framework for qualified majority voting. The incoming Irish Presidency then initiated a cooling-off period, following which the final text of the proposed Constitution was agreed upon at the summit meeting on 18–19 June 2004 under the presidency of Bertie Ahern.

Disputes during the drafting phase

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

Voting weights in the Council

The draft European Constitution proposed to replace the voting system of previous treaties concerning the Council of the European Union (where each country is given a certain number of votes), with a system of qualified double majority, where decisions would need a certain percentage of the member states agreeing, which at the same time would represent at least a certain percentage of the population of the Union.

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

However, the Zapatero government, upon taking office after the 2004 election, announced that it would accept the proposed Constitution, and Poland, now isolated, likewise accepted it. The only issue that remained was the question of the specific percentages needed to approve a proposal. In the final version of the constitution, these were agreed at 55 per cent of member states representing at least 65 per cent of the citizens. This is raised to 72 per cent when the Council is acting on its own initiative rather than on a legislative proposal.

Mention of Christianity in the preamble

Several countries urged for the preamble of the Constitution to include a reference to Christianity. Among these were Italy, Lithuania, Malta, Poland, Portugal, the Czech Republic, and Slovakia, who in May 2004 sent a letter to the Irish Presidency, saying "the governments of those countries consider as a priority the recognition of the Christian tradition in the Preamble" and noting that the list of signatories was not exhaustive as they hoped other countries would join their initiative. The Greek government likewise supported a reference to Christianity.

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

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

Signing

The Treaty establishing a Constitution for Europe was signed in Rome on 29 October 2004 by 53 senior political figures from the 25 member states of the European Union. In most cases heads of state designated plenipotentiaries to sign the treaty, but some presidents also signed on behalf of states which were republics. Most designated plenipotentiaries were prime ministers and foreign ministers.

Ratification

The Constitution, having been agreed by heads of government from the 25 member states, was signed at a ceremony in Rome on 29 October 2004. Before it enters into force, however, it must be unanimously ratified by each state. This process was expected to take around two years to complete, but following the rejection in France and the Netherlands, the remaining process requiring unanimity is now unclear. UK PM Tony Blair declared this project dead. At the European Council of June 16-17 2005, leaders extended the deadline beyond 2006, but did not set a new date.

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

Ten of the 25 states announced their intention to hold a referendum on the subject. In some cases the result is legally binding; in others the referendum is consultative. In June 2005, most were postponed in the wake of the negative results in France and the Netherlands.:* Spain (20 February 2005; result was in favour):* France (29 May 2005; result was against):* Netherlands (1 June 2005; result was against):* Luxembourg (10 July 2005; result was in favour):* Ireland (initially 2005; postponed):* Poland (initially 2005; postponed):* Portugal (initially 2005; postponed):* Denmark (initially 2006; postponed):* Czech Republic (initially 2006; cancelled):* United Kingdom (initially 2006; postponed)

A consultative referendum in Belgium was ruled out by the Belgian parliament, because some political parties like Spirit stated they were concerned that the far-right Vlaams Belang party would use the referendum to campaign against the admission of Turkey to the EU. Other parties, like Vlaams Belang stated the ruling parties were concerned the outcome of the vote would not have been according to their wishes.

The European Parliament endorsed the Constitution on 12 January 2005, with 500 members in favour, 137 against, and 40 abstentions. This was preceded by scrutiny in the Constitutional Affairs Committee which concluded with an overall endorsement. Ultimate responsibility for approving the Constitution, however, rests with the member states.

First parliamentary ratifications

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

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

Other parliaments have also ratified the treaty - see main article

panish referendum

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

French referendum

French voters went to the polls in a referendum on ratification on 29 May 2005. Both the government and the main opposition party campaigned for a 'yes' vote, with the largely unpopular Prime Minister Jean-Pierre Raffarin threatening to resign in the event of a 'no' vote. The Constitution was blocked, with 55% per cent of voters against, from a 69 per cent turnout. This resulted in a humiliation for the Chirac administration and put the future of the Constitution in an uncertainty. This referendum was legally binding, although it is not impossible for France to hold another referendum, with renegotiations in the treaty.

Dutch referendum

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

Luxembourg referendum

In the wake of the French and Dutch rejections, Luxembourg pressed ahead with its scheduled consultative referendum 10 July 2005. Prime Minister Jean-Claude Juncker stated that he would resign in the event of a rejection. The result was 56% in favour with a high turnout of 88%.

Referendums in other countries

Entry into force

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

References

ee also

*Treaty establishing a Constitution for Europe
*Signatories to the Treaty establishing a Constitution for Europe
*Treaty of Lisbon

External links

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