The Constitution, Its Failure and Reform Treaty

November 10, 2011

Nice Treaty & Aftermath

Rejection by Irish electorate in 2001, endorsement in a second referendum in 2002

Post-Nice debate on the future of Europe (started pre-Nice)

Debate on the future of Europe

J. Fischer’s speech (2000) “From Confederacy to Federation”

“Question upon question, but there is a very simple answer: the transition from a union of states to full parliamentarisation as a European Federation, something Robert Schuman demanded 50 years ago. And that means nothing less than a European Parliament and a European government which really do exercise legislative and executive power within the Federation. This Federation will have to be based on a constituent treaty.”

Convention on the Future of Europe

Treaty of Nice declared “a deeper and wider” debate about the future of EU should take place

Laeken Declaration (2001): convention to be held broadly and openly: Reps of national governments MEPs and national parliamentarians Reps from the Commission Candidate countries

Convention on the Future of Europe

Convention held from Feb 2002- June 2003

An IGC would take the final decision The most deliberative and public of EU’s

bargaining processes but fails to engage the public (Crum 2007)

Produced a draft constitution to be considered at an IGC (2003-4)

Constitutional Treaty To replace all previous treaties (except

Euratom), abolished three pillar structure Institutional Changes:

2,5 year presidency EU Foreign Minister Smaller & rotating Commission after 2014 EP: increased scope for co-decision New Double Majority (55% of MS and 65% of

population) (blocking minority of at least 4 states)

Constitutional Treaty

Exit option: procedure to withdraw from the EU

Religious heritage debate (“religious inheritance” rather than “Christianity”)

Inclusion of the Charter of Fundamental Rights

JHA: a single “Area of freedom, security and justice”

Constitutional Treaty

Signed in 2004 Ratification: 10 states to have

referendums Rejection in France (55%) and the

Netherlands (62%) in 2005 EU to go into “period of reflection” June 2007: decision to convene an

IGC to draft Reform Treaty

French Referendum

Turnout: ~70% No vote: 55% Yes voters: moderate left and right No votes: Broad spectrum A mix of domestic and EU-related

issues

Key element for the vote

Dutch Referendum

Turnout: 62.8% No vote: 61.6% Split between elites and voters

Key elements leading to the vote

Treaty of Lisbon (Reform Treaty)

Signed in December 2007 Institutional Changes:

Stronger EP, smaller Commission Double majority vote Presidency (2,5 years) + Foreign minister Abolished the pillar structure

Democracy: Greater involvement of national parliaments to

monitor subsidiarity Citizens’ initiative Charter of Fundamental Rights and Freedoms

Differences between the two texts:

“the substance of the Constitution is preserved. That is a fact.”Angela Merkel

“99% of the constitution has been kept.”

A. Stubb (European Parliament)

The differences might be in the form not content. The word “constitution” not mentioned Change from a legible constitution to a

set of illegible and incomprehensible Treaty reforms

”They [EU leaders] decided that the document should be unreadable. If it is unreadable, it is not constitutional, that was the sort of perception. Should you succeed in understanding it at first sight there might be some reason for a referendum, because it would mean that there is something new.”

Giuliano Amato (Convention v-president)

Irish no to Reform Treaty in June 2008

Irish no to Reform Treaty in June 2008

Irish no to Reform Treaty in June 2008

Second Irish referendum on Oct 2, 2009 67% yes Reassurances about abortion, neutrality

and corporate taxes Czech Court clears Lisbon.

Lisbon Treaty came into force on December 1, 2009