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» European Policy » The Constitution of the EU
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The European Constitutional Treaty or European Constitution as it tends to be called, is the result of a long and painful process of free and often animated debate. Discussions were conducted in a transparent manner both within the framework of the European Convention, chaired by the former French President Valry Giscard dEstaing, and an Intergovernmental Conference during the Italian and Irish Presidencies.

 

The agreement reached by the Heads of State and Government at the Brussels Summit on 18 June 2004 to adopt a Treaty establishing a Constitution for the European Union constitutes an important historic step forward by the enlarged Europe. In particular, the European Union:  

  • is undergoing institutional reform, strengthening its political character. It is becoming an economic and political Union with a stronger democratic and economic facet.
  • is moving closer to the European citizen, making its institutions easier to understand and more accessible.
  • is improving its democratic operation and its efficiency for everyones benefit.
  • is fostering the potential for further economic development while underlining its social facet.
  • is reinforcing its presence and role internationally, in the interests of global peace and stability. 

The new European Constitution proposes a series of fresh institutions and procedures which are expected to contribute to the more effective, democratic and efficient operation of the Europe of 25 or even 28 Member States. The main changes involved can be summed up as follows: 

  • The procedures relating to the operation of the Union are simplified. The new Constitutional Treaty replaces all existing treaties.
  • Decision making is simplified, to ensure more effective operation for the enlarged 25- member Europe.  As is widely known, decisions at the Council are taken either unanimously or by qualified majority depending on the issue at stake, and always in compliance with the Treaties in force. Until now, qualified majority was defined in a complicated way and caused heated negotiations in past Intergovernmental Conferences, culminating in Nice. The Constitution introduces a new rule: decisions are taken at the Council by a qualified majority vote, which is defined as the majority of at least 55% of Member States, comprising at least 15 of them and representing at least 65% of the EU population.
  • Tourism is recognized for the first time as an EU support policy and measures have been foreseen to boost it.
  • Special measures now apply to the development of all- not just some- island, border and mountainous regions, based on provisions relating to the EUs social, economic and territorial cohesion. 
  • The Unions social dimension is strengthened.  Objectives such as social equality, social progress, full employment, solidarity, combating social exclusion and poverty, gender equality, and development have now become constitutional objectives for the Union. 
  • A Declaration is adopted on the Stability and Development Pact, according to which the Commission has the right to submit recommendations, not proposals, on this issue. The system in force is thus maintained since it provides Member States with the relative flexibility they require in their economic policy.
  • In the field of foreign policy, the post of EU Minister for Foreign Affairs is created. This promotes better co-ordination and rational use of the foreign policy instruments now available to the Union.  In other words, the same person will from now on be responsible for diplomatic contacts, for the political dialogue between the EU and third countries, and for institutionalized cooperation with them, including trade relations, development co-operation and humanitarian aid.
  • A mutual assistance clause is established in case of an attack from outside. In other words, it is provided that Member States shall aid and assist any MS that may be the object of an armed attack on its territory. Assistance shall be provided through the use of all means available, military or other.  
  • A solidarity clause is established, providing that the Union and the Member States shall act jointly, even through military means, if an MS is a victim of terrorist attack or natural or some other disaster.
  • Structured cooperation is established, providing Member States with the possibility of cooperating more closely on defence issues, should they so wish.
  • The democratic participation of European citizens is enhanced.  To begin with, the very fact of drawing up the text of the Constitutional Treaty and of simplifying procedures greatly contributes to bringing the European citizen closer to the Union. Another significant breakthrough relates to the right provided to citizens to directly ask the European Commission to submit a proposal for a legislative provision on a given issue, as long as the request bears one million signatures. The incorporation of the Charter of Fundamental Rights into the Treaty is another important factor for the protection of European citizens.  
  • The role of the European Parliament- the most democratic body in the Union since it is directly elected by the citizens- is extended, granting it co-decision taking powers with the Council on several important issues. This ensures much greater democratic control over the legislative process than has existed to date.
  • With regard to institutional issues, the change proposed concerns the separation of the Presidency of the European Council, i.e. the Council of the Heads of State and Government, and the Council which operates at ministerial but also at Working Party level. The European Council will no longer be chaired by the President or Prime Minister of a country but by a person elected to the position of Council President by the European Council itself by a qualified majority vote for a two and a half year term, renewable for one further term. The rotating Council presidency will still be maintained for the Committee of Permanent Representatives, at ministerial level and for the Working Parties.
  • Equality among Member States is ensured, since the principle of one Commissioner per MS, with full rights, is maintained at least until 2014.
  • A lower threshold of six European Parliament Members per MS is adopted, a measure which favours small Member States, such as Cyprus, affording them better representation at the European Parliament, without upsetting the wider numerical balance in the number of MEPs.
  • The consistency and effectiveness of the work carried out by the three main bodies of the Union: Commission Council Parliament is ensured. This means that no one body is strengthened in relation to the others.
  • A single legal personality is established, which makes it easier for the Union to conclude and ratify international agreements and enhances its role on the international stage.

Following agreement on the draft of the Constitutional Treaty at the European Council of 18 June 2004 and its elaboration by the Councils team of legal experts, the Treaty was signed by the Heads of State and Government in Rome on 29 October 2004. This was followed by the procedure for the ratification of the Treaty by Member States in accordance with their constitutional procedures. It had initially been provided that the whole process should be completed two years after the signing of the Treaty, so that it would enter into force on 1 November 2006 (Article IV-447).

 

In the case of Greece, the Constitutional Treaty has been ratified by the Hellenic Parliament. This made Greece one of the first countries to ratify it, confirming the importance of the Constitutional Treaty and the further progress of the European endeavour for our country. 

 

However, the negative outcome of the French and Dutch referenda on ratification of the Constitutional Treaty for Europe place Europe before a new dilemma regarding the future form and operation of the Union.






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