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The Failure of the Constitutional Treaty: Causes and Consequences

The Failure of the Constitutional Treaty: Causes and Consequences. Christophe Crombez. Outline . Toward an EU Constitution: Origins and Process Structure of the Constitution Evaluation of the Contents What Went Wrong? Prospects for Adoption. Toward an EU Constitution.

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The Failure of the Constitutional Treaty: Causes and Consequences

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

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

  3. Toward an EU Constitution • The first steps towards a Constitution were made at the European Council meeting in Laeken in December 2001. • At that European Council meeting the heads of state and government issued the Declaration of Laeken. Crombez

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

  5. 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. • 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 2003. • 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. Crombez

  6. The Treaty was signed in Rome in October 2004. • 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 Crombez

  7. Structure • Part I: The Basics, the real Constitution • 60 articles, 30 pages • Definition and objectives • Competences • Institutions, … • Part II: The Charter of Fundamental Rights • 54 articles, 14 pages • This is the text of a declaration approved in Nice in 2000. • 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) • Protocols and Annexes Crombez

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

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

  10. 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. • Steps in EU integration are results of compromises, they do not correspond to an elegant, well-thought through plan. Crombez

  11. What Went Wrong? • 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. • 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. • It was probably not a good idea to refer to the new treaty as a Constitution. Crombez

  12. Prospects • Right now we are nearing the end of the ‘reflection period’. • 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 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. Crombez

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