European constitution

From Wikinfo

On 18 July 2003, the final draft of the constitutional treaty (officially Treaty establishing a constitution for Europe) for the European Union was published by the Praesidium of the Convention on the Future of Europe.

The objectives of the draft Constitution are, mainly, to simplify the overlapping series of Treaties and Protocols providing the current legal constitution for Europe, and to enhance the functioning of the future Union when 10 new countries from Eastern Europe join the existing 15 member states on 1 May 2004 (see EU enlargement).

Compared to many existing constitutions, e.g. the US constitution at about 4,600 words, it is very long at 265 pages and over 60,000 words. This is still, however, considerably shorter than the existing treaties it will consolidate.

Proposed provisions of the draft

New, possibly contentious

A president of the European Council elected by signatory governments and Members of the European Parliament (MEPs), rather than being selected on a rotating basis as at present.
Convergence in foreign policy (pg 16/Article 15, pg 159/Chapter II) subject to certain conditions, and election of a Union minister for Foreign affairs (pg 26, Article 27).
Clear assignments of responsibility (pg 181/Title VI and throughout the document, e.g. pg139/III-169) to the institutions of the EU. In particular, the principle of subsidiarity (pg 18, Article 19 and "Protocol on..." pg 232) will be 'locked'.

New, probably not contentious

An increased role for national parliaments and the European Parliament (rather than just the EU council) in the scrutiny of draft EU legislation.
A more democratic and simplified decision process (pg 156/Article III-191, pg 158/Article III-194, pg181/Title VI) in the Council of Ministers (pg 185/subsection 3) (compared to the current situation).
Adjustments to some terminology to make it easier to understand (e.g. 'European Regulation' becomes 'European law', 'European Directive' becomes 'European framework law').

Restated

The European Charter on Human Rights as Part II of the draft Constitution.

This is already ratified by most of the potential signatories.

Possible assertions These are not clear from the text itself and require some explanation.

Introduction of majority votes in many fields of politics

This is intended to streamline decision-making. It will also reduce veto rights of individual countries to try to limit the amount of national bargaining, something European politics is notorious for.

A full and official written piece about how to leave the EU.

Ratification process

In order for a proposed constitution to take effect, each member state would be required to ratify it. Ratification would take different forms depending on the constitutions and political processes of members states. Ireland's own constitution, for example, insists a referendum be held on all international treaties, while Germany's constitution prohibits referenda.

Many other countries are expected to see the constitution as a significant change and will hold a referendum on the subject. On April 20, 2004, the British Prime Minister Tony Blair surprisingly announced that the treaty would be subject to a referendum in the United Kingdom. See British referendum on the European constitution.