History and Theory of European
Integration
Marina V. Larionova
JEAN MONNET European Module
Lecture 12
From Leaken (2001) to Rome (2004)
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Contents:
• The Leaken Presidency conclusions.
• The Convention method, negotiations over the Draft
Constitutional Treaty: institutional reform and the double
majority voting.
• Issues and outcomes.
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Readings for the lecture
• The Constitutional Treaty of the EU;
• A Collection of Articles from the Economist. From Leaken to Rome. A
Reader;
• Selected papers and speeches of the EU politicians;
• Ларионова М.В. (2003) «Взаимодействие институтов ЕС в
процессе разработки и согласования Конституционного договора»,
аналитический материал для курса;
• Ларионова М.В. (2004) «Работа над проектом Договора в рамках
межправительственной конференции», аналитический материал
для курса.
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Nice Treaty
Provision for deeper and wider debate on the
future of the EU
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Declaration on the Future of the Union
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The delimitations of powers / institutional reform
The Charter of the Fundamental Rights status
The role of national parliaments
IGC to be convened in 2004
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The Future of the European Union –
Laeken Declaration December 2001
EUROPE AT A CROSSROADS
“The
European Union is a success story. For over half a century
now, Europe has been at peace. …the Union forms one of the
three most prosperous parts of the world. As a result of mutual
solidarity and fair distribution of the benefits of economic
development, moreover, the standard of living in the Union's
weaker regions has increased enormously and they have made
good much of the disadvantage they were at.”
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EUROPE AT A CROSSROADS
“Fifty years on, however, the Union stands at a crossroads, a
defining moment in its existence. The unification of
Europe is near. The Union is about to expand to bring in
more than ten new Member States, predominantly Central
and Eastern European, thereby finally closing one of the
darkest chapters in European history: the Second World
War and the ensuing artificial division of Europe. At long
last, Europe is on its way to becoming one big family,
without bloodshed, a real transformation clearly calling
for a different approach from fifty years ago, when six
countries first took the lead.”
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"A day will come when all the nations of this continent, without losing their
distinct qualities or their glorious individuality, will fuse together in a
higher unity and form the European brotherhood. A day will come
when there will be no other battlefields than those of the mind - open
marketplaces for ideas. A day will come when bullets and bombs will be
replaced by votes".
Victor Hugo
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Towards a Constitution for European citizens
Challenges and reforms in a renewed
union
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“The Union needs to become more democratic, more
transparent and more efficient. It also has to resolve three
basic challenges:
• how to bring citizens, and primarily the young, closer to the
European design and the European institutions,
• how to organize politics and the European political area in an
enlarged Union and
• how to develop the Union into a stabilizing factor and a model
in the new, multipolar world.
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In order to address them a number of specific questions
need to be put.
• A better division and definition of competences in the
European Union.
• Simplification of the Union's instruments.
• More democracy, transparency and efficiency in the
European Union.
• Transparency and simplification of the Treaties.
• Inclusion of the Charter of Fundamental Rights in the basic
Treaty.”
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Convening of a Convention on the
future of Europe
“In order to pave the way for the next Intergovernmental
Conference as broadly and openly as possible, the European
Council has decided to convene a Convention composed of the
main parties involved in the debate on the future of the Union.
In the light of the foregoing, it will be the task of that
Convention to consider the key issues arising for the
Union's future development and try to identify the various
possible responses.”
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The budget for the Convention
10.5 million euro
2.6 - from the Commission
1.0 - from the EP
0.4 - from the Secretariat of the Council of Ministers
6.4 - in kind from the member states and institutions of the
EU
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Composition
broader range of interests than the IGCs
The European Council has appointed:
• Mr V. Giscard d'Estaing as Chairman of the Convention
• Mr G. Amato as Vice-Chairmen
• Mr J.L. Dehaene as Vice-Chairmen
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Second plenary session of the European
Convention, 21-22 March 2002
(from left to right)
• Mr Jean-Luc Dehaene,
Vice-Chairman
• Mr Giuliano Amato,
Vice-Chairman
• Mr Valéry Giscard d'Estaing,
Chairman
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The Convention
• 15 representatives of the Heads of State or Government of the
Member States (one from each Member State),
• 30 members of national parliaments (two from each Member
State),
• 16 members of the European Parliament
• two Commission representatives
• one government representative and two national parliament
members of the accession countries
without power to prevent consensus emerging among the Member States.
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The Praesidium of the Convention 12+1
• the Convention Chairman and Vice-Chairmen
• nine members drawn from the Convention:
– the representatives of all the governments holding the
Council Presidency during the Convention (Spain,
Denmark, Greece),
– two national parliament representatives,
– two European Parliament representatives,
– two Commission representatives.
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Invited to attend as observers
• the Economic and Social Committee
• the Committee of the Regions
• the European Ombudsman
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Length of proceedings
inaugural meeting on 1 March 2002 to be completed in
a year
Final document
“…provide a starting point for discussions in the
Intergovernmental Conference, which will take the
ultimate decisions.”
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How to construe the debate and drafting of a
document, which has a notion of a constitutional
treaty?
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Simplification
Transparency
Enlargement
Democratic deficit
Fundamental human rights
Institutional reform
Supremacy of the EU law
and subsidiarity
• Distribution of the competencies
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Working methods
26 Plenary sessions of two half days
Public debate
Working groups
Praesidium meetings (50) and papers (52)
– the Chairman drawing conclusions from the public debate
– The Praesidium providing the Convention with an initial working basis.
– The Praesidium consulting Commission officials and experts
– The Praesidium setting up ad hoc working parties.
– The Council kept informed of the progress of the Convention's
proceedings.
The Convention Chairman’s oral progress report at each European Council
meeting
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Working groups
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Subsidiarity
Charter of Fundamental Rights
A single legal personality
Role of national parliaments
Complementary competencies
Economic Governance
External Action
Defense
Simplification
Freedom, Security and JusticeSocial Europe
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Secretariat headed by Sir John Kerr
• Set up to support the Paesidium
• Non-papers
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Dialogue with the civil society
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Networks
Civil Society Hearing
Youth Convention
Forum contributions (1264)
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Operating procedures
• Explicit objective of drafting a broadly agreed document
“consensus does not mean unanimity bur consensus
means more than majority”, Valéry Giscard d'Estaing,
November 2002 plenary session
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Alphabetical seating
Public discussions
No voting procedures
Three phases
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Three phases
• Listening phase February 2002 – June 2002
• Analytical phase June 2002 – November 2002
 First draft of the constitutional structure published on October 28, 2002
 December 2002
- Draft constitutional treaty of the Commission - Penelope
- Commissions’ formal contribution
- Ulysses - riposte to Penelope
• Drafting phase December 2002- spring 2003
 Phased release of articles
 Flood of amendments (6000)
- First set of 16 articles generating 1187 amendments
- Drafts on the institutions and foreign policy – 1500 amendments
- Part I presented to the Athens Council meeting
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July 13, 2003
“Our ship has reached the port”
Valéry Giscard d'Estaing, final meeting of the Convention
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Thessaloniki European Council
June, 19/20, 2003
“an edifice and a balance”
?
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Presentation of the “new Constitutional
Treaty” by the Chairman of the Convention
• Part 1- constitutional part: values/objectives/allocation of
competencies/institutions/instruments/financial framework and
provisions for membership
• Part 2 – Charter of Fundamental rights
• Part 3 – Policy provisions
• Part 4 – Final provisions
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Call to ensure that
“no disturbance of the balance, by calling its provisions
into question, is allowed to jeopardize the solidity of
the edifice!”
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Presidency Conclusions
“ the draft constitutional treaty is a good basis for
starting in the intergovernmental conference.”
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Responses
Goran Persson
Care needed in addressing the changes as “many cards may start
falling down”
Jacque Chirac
“it is necessary to understand that everyone has to make an
effort if we want to get a result”
Gerhard Schroder
“100 per cent happy”
French National Assembly and German Bundestag joint
September 24 meeting
Draft – a coherent and unified document
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Responses
Leszek Miller
Adopting a tough negotiating position
Tony Blair
Non negotiable items: retaining a veto on Foreign and
Defense policy, taxation
UK government White paper, September 9, 2003
J. Shaw
Convention’s work “might have a (surprisingly powerful
capacity to lock in the member States and to constrain their
freedom of action in the IGC.”
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Responses
EP positive response
European Commission’s official response September 17
Opposed to two tiered Commission
Greece, Finland and Sweden
Opposed to two tiered Commission
Irish Foreign Minister
“We do not want the text to be dismantled. Nor is it holy writ.
Improvement and clarifications are possible…But what is
needed is a sense of proportion
Poland and Spain
Demand for mention of God/ Christianity in the Preamble
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The Draft main innovations
Title IV: The Union’s institutions
Chapter I . The institutional framework
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Article 18: The Union’s Institutions
1. The Union shall be served by a single institutional framework which shall
aim to:
• advance the objectives of the Union,
• promote the values of the Union,
• serve the interests of the Union, its citizens and its Member States,
• and ensure the consistency, effectiveness and continuity of the policies and
actions which it undertakes in pursuit of its objectives.
2. This institutional framework comprises:
• The European Parliament,
• The European Council,
• The Council of Ministers,
• The European Commission,
• The Court of Justice.
3. Each Institution shall act within the limits of the powers conferred on it in
the Constitution, and in conformity with the procedures and conditions
set out in it. The Institutions shall practice full mutual cooperation.
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Article 19: The European Parliament
1.
The European Parliament shall, jointly with the Council of
Ministers, enact legislation, and exercise the budgetary
function, as well as functions of political control and
consultation as laid down in the Constitution. It shall elect
the President of the European Commission.
The European Parliament shall be elected by direct universal
suffrage of European citizens infree and secret ballot for a
term of five years. Its members shall not exceed seven
hundred and thirty-six in number. Representation of
European citizens shall be degressively proportional, with
a minimum threshold of four members per Member State.
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Article 19: The European Parliament
Sufficiently in advance of the European Parliamentary
elections in 2009, and, as necessary thereafter for further
elections, the European Council shall adopt by
unanimity, on the basis of a proposal from the
European Parliament and with its consent, a decision
establishing the composition of the European
Parliament, respecting the principles set out above.
3. The European Parliament shall elect its President and its
officers from among its members.
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The discussions in the IGC
Small Member States
– advocating a higher minimum threshold than the one
proposed by the members of the Convention
– An informal agreement in the Naples Foreign
ministers’ meeting to raise the minimum threshold of
members to five and to increase the number of
members above 736
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The provisions of the Constitution
• IGC increase the maximum number of members to 750
• each Member State entitled to a minimum of six and a
maximum of 96 members
• the final number of members allocated to each Member
State on the basis of degressive proportionality to be
decided by the European Council, acting unanimously,
before the European elections of 2009.
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Article 20: The European Council
1. The European Council shall provide the Union with the necessary impetus for
its development, and shall define its general political directions and priorities.
It does not exercise legislative functions.
2. The European Council shall consist of the Heads of State or Government of
the Member States, together with its President and the President of the
Commission. The Union Minister for Foreign Affairs shall take part in its
work.
3. The European Council shall meet quarterly, convened by its President. When
the agenda so requires, its members may decide to be assisted by a minister
and, in the case of the President of the Commission, a European
Commissioner. When the situation so requires, the President shall convene a
special meeting of the European Council.
4. Except where the Constitution provides otherwise, decisions of the European
Council shall be taken by consensus.
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Article 21: The European Council Chair
1. The European Council shall elect its President, by qualified majority, for a
term of two and a half years, renewable once. In the event of an impediment
or serious misconduct, the European Council can end his or her mandate
according to the same procedure.
2. The President of the European Council:
• shall chair it and drive forward its work,
• shall ensure its proper preparation and continuity in cooperation with the
President of the Commission, and on the basis of the work of the General
Affairs Council,
• shall endeavor to facilitate cohesion and consensus within the European
Council,
• shall present a report to the European Parliament after each of its meetings.
The President of the European Council shall at his or her level and in that
capacity ensure the external representation of the Union on issues
concerning its Common Foreign and Security Policy, without prejudice to
the responsibilities of the Union Minister for Foreign Affairs.
3. The President of the European Council may not hold a national mandate.
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Article 22: The Council of Ministers
1. The Council of Ministers shall, jointly with the European
Parliament, enact legislation, exercise the budgetary function
and carry out policy-making and coordinating functions, as
laid down in the Constitution.
2. The Council of Ministers shall consist of a representative of
each Member State at ministerial level for each of its
formations. Only this representative may commit the Member
State in question and cast its vote.
3. Except where the Constitution provides otherwise, decisions of
the Council of Ministers shall be taken by qualified majority.
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Article 23: Formations of the Council of
Ministers
1. The Legislative and General Affairs Council shall ensure
consistency in the work of the Council of Ministers.
• When it acts in its General Affairs function, it shall, in liaison
with the Commission, prepare, and ensure follow-up to,
meetings of the European Council.
• When it acts in its legislative function, the Council of
Ministers shall consider and, jointly with the European
Parliament, enact European laws and European framework
laws, in accordance with the provisions of the Constitution. In
this function, each Member State’s representation shall include
one or two representatives at ministerial level with relevant
expertise, reflecting the business on the agenda of the Council
of Ministers.
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Article 23: Formations of the Council of
Ministers
2. The Foreign Affairs Council shall, on the basis of strategic guidelines laid
down by the European Council, flesh out the Union’s external policies, and
ensure that its actions are consistent. It shall be chaired by the Union
Minister for Foreign Affairs.
3. The European Council shall adopt a European decision establishing further
formations in which the Council of Ministers may meet.
4. The Presidency of Council of Ministers formations, other than that of
Foreign Affairs, shall be held by Member State representatives within the
Council of Ministers on the basis of equal rotation for periods of at least a
year. The European Council shall adopt a European decision establishing the
rules of such rotation, taking into account European political and
geographical balance and the diversity of Member States.
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The discussions in the IGC
• A consensus reached on the general principle of
rotation at the head of the Councils of Ministers
and of a collective presidency
• Hesitation about the details of this system
• Small states reticent to the idea of the Foreign
Minister
• Abolition of the single Legislative Council idea
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The provisions of the Constitution
• Presidency by a group of Member States for the various
configurations of the Council (except for the Foreign Affairs
Council, chaired by the Minister for Foreign Affairs)
• A system of equal rotation between the Member States
• A draft decision to be adopted as soon as the Constitution
enters into force foreseeing a system of team presidency:
three Member States for a period of 18 months, allowing
each Member State to chair all the configurations for a period
of six months, with the assistance of the two other Member
States and on the basis of a common programme
• A post of Minister if Foreign Affairs introduced
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Article 24: Qualified majority
1. When the European Council or the Council of Ministers takes decisions
by qualified majority, such a majority shall consist of the majority of
Member States, representing at least three fifths of the population of
the Union.
2. When the Constitution does not require the European Council or the
Council of Ministers to act on the basis of a proposal of the Commission,
or when the European Council or the Council of Ministers is not acting on
the initiative of the Union Minister for Foreign Affairs, the required
qualified majority shall consist of two thirds of the Member States,
representing at least three fifths of the population of the Union.
3. The provisions of paragraphs 1 and 2 shall take effect on 1 November
2009, after theEuropean Parliament elections have taken place, according
to the provisions of Article 19.
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Article 24: Qualified majority
5. Where the Constitution provides in Part III for European laws and framework laws to
be adopted by the Council of Ministers according to a special legislative procedure,
the European Council can adopt, on its own initiative and by unanimity, after a
period of consideration of at least six months, a decision allowing for the
adoption of such European laws or framework laws according to the ordinary
legislative procedure.
• The European Council shall act after consulting the European Parliament and
informing the national Parliaments.
• Where the Constitution provides in Part III for the Council of Ministers to act
unanimously in a given area, the European Council can adopt, on its own
initiative and by unanimity, a European decision allowing the Council of
Ministers to act by qualified majority in that area.
• Any initiative taken by the European Council under this subparagraph shall be sent to
national Parliaments no less than four months before any decision is taken on it.
6. Within the European Council, its President and the President of the Commission do
not vote.
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The discussions in the IGC
Opposition by Poland and Spain
The Italian Presidency options:
– preservation of the system laid down by the Treaty of Nice;
– establishment of a rendez-vous clause;
– agreement on the principle of the double majority, but with
modified thresholds;
– preservation of the Convention's proposal.
None of these options accepted
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The discussions in the IGC
• The Irish Presidency taking over at a point of complete
disagreement
– shaping the view an agreement could be reached on the
basis of the principle of the double majority
– March council meeting - principle de facto been agreed
– the percentages defining the majority still to be set in a
way satisfying all delegations.
This issue at the centre of discussions until the June European
Council
• Options considered:
– 55/55 or 60/60
– 55% of the Member States and 65% of the population.
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The provisions of the Constitution
The double majority of Member States and populations
from 1 November 2009 onwards
– QMV - 55% of the Member States representing 65% of
the population
– a blocking minority of at least four Member States
– a formula based on the Ioannina compromise:
“in case a decision is supported by only a narrow
majority, the Member States in the minority may
request a continuation of the discussions by three
quarters of the blocking minority”
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Article 25: The European Commission
1. The European Commission shall promote the general European interest and
take appropriate initiatives to that end. It shall ensure the application of the
Constitution, and steps taken by the Institutions under the Constitution. It
shall oversee the application of Union law under the control of the Court of
Justice. It shall execute the budget and manage programmes. It shall exercise
coordinating, executive and management functions, as laid down in the
Constitution.
With the exception of the common foreign and security policy, and other cases
provided for in the Constitution, it shall ensure the Union’s external
representation. It shall initiate the Union’s annual and multiannual
programming with a view to achieving interinstitutional agreements.
2. Except where the Constitution provides otherwise, Union legislative acts can
be adopted only on the basis of a Commission proposal. Other acts are
adopted on the basis of a Commission proposal where the Constitution so
provides.
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Article 25: The European Commission
3. The Commission shall consist of a College comprising its President, the Union
Minister of Foreign Affairs/Vice-President, and thirteen European
Commissioners selected on the basis of a system of equal rotation between the
Member States. This system shall be established by a European decision
adopted by the European Council on the basis of the following principles:
(a) Member States shall be treated on a strictly equal footing as regards determination of
the sequence of, and the time spent by, their nationals as Members of the College;
consequently, the difference between the total number of terms of office held by
nationals of any given pair of Member States may never be more than one;
(b) subject to point (a), each successive College shall be so composed as to reflect
satisfactorily the demographic and geographical range of all the Member States
of the Union.
The Commission President shall appoint non-voting Commissioners, chosen
according to the same criteria as apply for Members of the College and coming from
all other Member States.
These arrangements shall take effect on 1 November 2009.
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Article 25: The European Commission
4. In carrying out its responsibilities, the Commission shall be completely
independent. In the discharge of their duties, the European Commissioners
and Commissioners shall neither seek nor take instructions from any
government or other body.
5. The Commission, as a College, shall be responsible to the European
Parliament.
The Commission President shall be responsible to the European
Parliament for the activities of the Commissioners. Under the
procedures set out in Article III-243, the European Parliament may pass a
censure motion on the Commission. If such a motion is passed, the
European Commissioners and Commissioners must all resign. The
Commission shall continue to handle everyday business until a new
College is nominated.
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Article 26: The President of the European
Commission
1.
Taking into account the elections to the European Parliament
and after appropriate consultations, the European Council,
deciding by qualified majority, shall put to the European
Parliament its proposed candidate for the Presidency of the
Commission. This candidate shall be elected by the
European Parliament by a majority of its members. If this
candidate does not receive the required majority support, the
European Council shall within one month propose a new
candidate to the European Parliament, following the same
procedure.
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Article 26: The President of the
European Commission
2. Each Member State determined by the system of rotation shall establish a list
of three persons, in which both genders shall be represented, whom it
considers qualified to be a European Commissioner. By choosing one person
from each of the proposed lists, the President-elect shall select the thirteen
European Commissioners for their competence, European commitment, and
guaranteed independence. The President and the persons so nominated for
membership of the College, including the future Union Minister for
Foreign Affairs, as well as the persons nominated as non-voting
Commissioners, shall be submitted collectively to a vote of approval by the
European Parliament. The Commission’s term of office shall be five years.
3. President of the Commission shall:
• lay down guidelines within which the Commission is to work;
• decide its internal organisation, ensuring that it acts consistently, efficiently and on a collegiate
basis;
• appoint Vice-Presidents from among the members of the College.
•
A European Commissioner or Commissioner shall resign if the President so requests .
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The discussions in the IGC
• two tier system strongly opposed by the small countries and the
Commission abandoned by the Irish Presidency
• the system based on the Treaty of Nice informally adopted
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The provisions of the Constitution
• the Commission would be made up of one Commissioner from
each Member State until 2014
• the Commission will be streamlined and be made up of a
number of Commissioners corresponding to two thirds of the
number of Member States on the basis of a system of equitable
rotation
• The European Council will be able to change this number by a
unanimous decision.
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Article 27: The Union Minister for Foreign
Affairs
1. The European Council, acting by qualified majority, with the agreement of
the President of the Commission, shall appoint the Union Minister for
Foreign Affairs. He or she shall conduct the Union’s common foreign
and security policy. The European Council may end his or her tenure by the
same procedure.
2.
The Union Minister for Foreign Affairs shall contribute by his or her proposals to the
development of the common foreign policy, which he or she shall carry out as mandated by the
Council of Ministers. The same shall apply to the common security and defence policy.
3. The Union Minister for Foreign Affairs shall be one of the Vice-Presidents of
the Commission. He or she shall be responsible there for handling
external relations and for coordinating other aspects of the Union’s
external action. In exercising these responsibilities within the Commission,
and only for these responsibilities, the Union Minister for Foreign Affairs
shall be bound by Commission procedures.
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The discussions in the IGC
Concerns re the hybrid nature and status of this figure
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The provisions of the Constitution
• no really significant change concerning this post
• special treatment in case the European Parliament adopts a
motion of censure against the whole Commission
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The scope of qualified-majority voting and
the bridging clauses
The proposals of the Convention
Bridging clauses - provision for the Council to decide,
unanimously, to apply qualified-majority voting and/or
the ordinary legislative procedure (co-decision) in a given
area.
Extension of QMV to cover twenty more provisions,
including in the area of justice and home affairs, taxation,
CFSP
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The discussions in the IGC
Bridging clause
• Italian presidency proposition:
– the use of a bridging clause not possible if one of the
national parliaments issues an objection
QMV
• "emergency brake" procedure - possibility of suspending a
procedure if "the fundamental principles of the legal or
social security system of a Member State" were affected.
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The provisions of the Constitution
• one national parliament to block the decision of the
European Council and prevent the move to qualifiedmajority voting and/or the ordinary legislative procedure.
• unanimity kept in the area of taxation, social policy, CSFP,
the laws setting own resources and the multi annual
financial frameworks
• the system of "emergency brakes" - in the area of judicial
cooperation in criminal matters and the coordination of the
social security of migrant workers
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The IGC October-December
1 July 2003 the Italian Presidency formal request to the
Council that the IGC be convened
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Method
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Held at the level of head of states or governments
Focal points set
Questionnaires on the key issues
Legal and linguistic expertise
Opinions of the EC / EP / ECB / CoR / ECSC
Six ministerial meetings
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Brussels, 12 – 13, December 2003
Intergovernmental Conference
The European Council noted that it was not possible for the
Intergovernmental Conference to reach an overall
agreement on a draft constitutional treaty at this stage. The
Irish Presidency is requested on the basis of consultations
to make an assessment of the prospect for progress and to
report to the European Council in March.
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A two level EU?
Enhanced cooperation?
“The initiative of a Franco-German rapprochement”?
“…those member states which do indeed agree to the proposal of
the Convention would have no other choice but to move forward
together. In other words, I am convinced that the failure of the
IGC would mark the start of all kinds of enhanced
cooperation. We would inevitably see a two-speed Europe
emerge, a core Europe, a European federation within the EU.”
Guy Verhofstadt
“Nothing is agreed until everything is agreed. If it happens that the
Convention process ran in to the ground …that would not be the
end of the world. We would have to get by with the Nice.”
Jack Straw
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January – June 2004 Negotiations
under the Irish Presidency
Method
– Informal contacts
– Focal points
– Three ministerial meetings
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March 25-26 Brussels meeting
– Heads of governments agreement to Bertie Ahern’s plans to
finalize agreement on the draft Treaty by mid June
January 2004 – start of the negotiations on the multi-annual
financial perspective
– Germany/Austria/France/Holland/Sweden and the UK letter
to Romano Prodi
– Spending to be pegged to 1 percent of the EU GDP
March 11 – Madrid explosion
– Victory of the Socialists in the election
– Zapatero openness to the QMV negotiations
JEAN MONNET European Module
European Council meeting
June, 18, 2004
Heads of States or Governments agree on the Treaty
establishing a Constitution for Europe
CONTRIBUTION TO EUROPEAN COUNCIL CONCLUSIONS
The Intergovernmental Conference, meeting at the level
of the Heads of State or Government, reached an
agreement on the draft Treaty establishing a
Constitution for Europe on the basis of the texts in
documents CIG 81/04 and CIG 85/04. The final legal
editing and harmonization of the texts will be carried out
with a view to the signing of the Treaty before the end of
2004.
JEAN MONNET European Module
CONTRIBUTION TO EUROPEAN COUNCIL
CONCLUSIONS
The European Council welcomes the successful conclusion of the
Intergovernmental Conference. The Treaty establishing a
Constitution for Europe is an historic step forward in the process
of integration and cooperation in Europe. Based on the work of the
Convention, the Constitution establishes an efficient, democratic and
transparent framework for the future development of the Union. It
completes the process which began when the Treaty of Rome
established the basic framework for European integration. Like
the Treaty of Rome, it w ill serve for many years as the foundation
of a Union at the service of its citizens.
Legal and linguistic finalization of the text follows
JEAN MONNET European Module
Rome, 29 October, 2004
The Treaty establishing a Constitution for Europe
signed by the 25 member states
JEAN MONNET European Module
Referendums
• in the 25 Member States in accordance with their constitutional
rules.
• The Constitutional Treaty to enter into force on 1 November
2006, as long as all the Member States have ratified by this
date.
• Failing that, the Constitutional Treaty will enter into force on
the first day of the second month following the deposition of
the ratification instrument of the Member State, which is the
last to complete this formality
JEAN MONNET European Module
Procedures planned for the ratification of
the European Constitution
Member
State
Procedure
Date scheduled
Previous
European
referendums
Austria
Parliamentary (Nationalrat
and Bundesrat)
Referendum ruled out
May 2005
1994:
accession
Belgium
Parliamentary (Chamber and
Senate + Assemblies of
Communities and Regions).
Indicative referendum ruled
out
Indicative referendum: Negative
opinion of the Council of State on 29
November 2004 + Vote against the
draft law in the Chamber on 10 March.
Ratification Bill adopted by
Government on 11 March. Envisaged
ratification: 2005
NO
Cyprus
Parliamentary
Referendum ruled out
First discussion in the House
(Committee on European Affairs) on 4
February 2004.Approval by the House
expected by the end of May 2005
NO
Czech
Republic
No final decision
on a Referendum
as proposed by
Government
Date of possible referendum currently
debated: June 2006 together with national
elections or 2005
2003: accession
Denmark Referendum
27 September 2005
1972: accession
1986: Single
European Act
1992: Maastricht
Treaty (twice)
1998: Amsterdam
Treaty
2000: euro
Estonia
Parliamentary
Referendum
unlikely
Not fixed
2003: accession
Finland
Parliamentary
Proposal on ratification will be handed to
Parliament in autumn 2005. Ratification
envisaged for the end of next year or the
beginning of 2006
Consultative
referendum:
1994: accession
France
Referendum
Revision of the French Constitution
(needed before ratification process)
approved by Congress (national Assembly
+ Senate) on 28 February 2005 (730 votes
in favour, 66 against).
Referendum: 29 May 2005
1972: enlargement
EEC
1992: Maastricht
Treaty
Germany
Parliamentary
(Bundestag and
Bundesrat )
Approval by Bundestag expected on 12
May. Adoption by Bundesrat envisaged in
June 2005
NO
Greece
Parliamentary
But the Left parties
submitted a joint
proposal for a
referendum
Approval by Parliament : 19 April 2005
NO
Hungary
Parliamentary
Approval by Parliament : 20 December
2004
2003: accession
JEAN MONNET European Module
Ireland
Parliamentary +
Referendum
First detailed discussion in the Irish
Parliament’s EU Affairs Committee: 9
February.Date of referendum will not
be fixed until after an awareness
campaign. Ratification should take
place by the end of 2006
1972: accession
1987: Single European Act
1992: Maastricht Treaty
1998: Amsterdam Treaty
2001 and 2002: Nice
Treaty
Italy
Parliamentary
(Chamber and
Senate)
Approval by the Chamber on 25
January 2005 and by the Senate on
April 6th.
Consultative referendum:
1989: possible draft
Constitution
Latvia
Parliamentary
Constitution considered by Parliament
in December. Ratification might take
place beginning of 2005
2003: accession
Lithuan
ia
Parliamentary
Approval by Parliament 11-11-04
2003: accession
Luxemb
ourg
Parliamentary
(two votes) +
consultative
referendum
First vote of the Chamber on the
approval of the treaty foreseen in midJune. Referendum on 10 July 2005
(adoption of the specific law related to
the organisation of the referendum
adopted by the Chamber on April 12
th). Second vote of the Chamber: after
the referendum
NO
Malta
Parliamentary
Referendum ruled out
Vote of Parliament expected for
July 2005
2003: accession
Netherlands
Parliamentary (First and second
Chambers)+ consultative
referendum
On 25 January, Senate voted in
favour of the holding of a
consultative referendum.
Referendum: 1 June 2005.
NO
Poland
Referendum probable
No decision taken so far by
Parliament on the procedure
A referendum could be carried
out on 25 September 2005
along with presidential
elections
2003: accession
Portugal
Referendum
Maybe on 2 or 9 October 2005,
at the same time as the local
elections
NO
Slovakia
Parliamentary
Referendum has been ruled out
Approval of Parliament
envisaged in May 2005
2003: accession
Slovenia
Parliamentary
Approval by Parliament: 1
February 2005
2003: accession
Spain
Parliamentary
Referendum 20 February
(Congress and Senate) +
2005 :
consultative referendum In favour 76,7%.
Turnout : 42,3%.
Parliamentary approval
possible before June 2005
NO
Sweden
Parliamentary
No referendum envisaged
at this stage
Ratification Bill should be
presented to Parliament in
Summer. It could pass in
December 2005.
Consultative
referendums:
1994: accession
2003: euro
United
Kingdom
Parliamentary (House
of Commons and House
of Lords ). +
consultative referendum
Bill approved in second
reading by the House of
Commons on 9 February
2005 . Ratification not
expected before early 2006.
1975: Continued
membership of the
EC
JEAN MONNET European Module
Seminar 7: The Constitutional Treaty
of the EU
• The roles of the national interests, coalitions and the
Presidency influences.
• The Convention work outcome (Giscard d’Estang oral
report presented to the EC in Thessaloniki)
• Spanish and Polish bargaining positions.
• The UK bargaining position, the German bargaining
position, the French bargaining position.
• The Italian presidency failure?
• The Irish Presidency break through?
Essays and presentations. Discussion.
JEAN MONNET European Module
Thank you!
JEAN MONNET European Module