The treaty establishing a constitution for Europe

Support for the Treaty signed in Rome in October 2004 has been divided: a step towards a federal Europe or administering the larger Union more effectively? (http://news.bbc.co.uk/1/hi/uk_politics.stm). The Constitution has been described as a ‘Trojan horse for neo-liberalism’ (Izquierda Unida, Cassen 2005), although the Laeken Summit intended it to assume a degree of accountability towards the national populations of the Member States, as suggested by Puig’s seminal Paper (National Europe Centre, November 2003). Considerable publicity surrounded the inception of the EU Constitutional Treaty which is intended to supersede the original Treaty of Nice, the Articles from which have been retained, including those which were previously discarded [Articles III-166(2), III-215 and III-243] (SN 300/1/01 Rev 1: EU Council, Presidency Conclusion (Summit Declaration) (http://ue.eu.int). The original schema of the Treaty consisted of the Giscard Draft which was modified at each of the Intergovernmental Conferences (IGC), in December 2003 and June 2004. The ensuing four-part Constitution consists of Part I delineating the text, with the Charter of Fundamental Rights being found in Part II. Part III specifies procedures for administering the Articles, many of which were originally contained within earlier documents. These Articles are delineated and described within this Section (http://ue.eu.int).

Custom EU Law Essays Order

A general proviso is contained in Part IV with procedures for final endorsement of the Constitution (Addendum 1, Rev 1 CIG 87/04). Also agreed at Rome were the Preamble and certain Protocols specifying arrangements for voting within the EU Parliament and the Council, together with future measures for domestic governments to adhere to, along with a number of other suggestions outlining certain ancillary matters and concepts of proportionality (Addendum 1, Rev 1 CIG 87/04). There are 36 Protocols altogether, two further ones of which relate to the Treaties of Accession. Associated with the Constitution are 50 accompanying Declarations which clarify the Charter of Fundamental Rights and which establish the European External Action Service, and the Final Act confirming the signatures appended by the Heads of the 25 Member States all agree with the Treaty, Protocols and Declarations which make up the Constitution (Addendum 1, Rev 1 CIG 87/04).

The treaty establishing a constitution for Europe was signed 29th October 2004 in Rome. Critically evaluate its potential impact on the UK and its citizens if it were to be ratified.

Originally, when legislation for the original Common Market was introduced with the Treaty of Rome, there were just six Member States (Laeken Declaration, 2001, Eriksen et al, 2005). Since then the Single European Act, and the Treaties of Maastricht, Amsterdam and Nice have reflected the changing ethos associated with changing social policies which now require a greater accountability. Community concepts have changed in the last five decades, with many regulations and institutions now passé and ineffective (Eriksen et al, 2005). The many Treaties, spanning from 1957 to 2000, have now been incorporated within the new Constitution to reflect the philosophy unilaterally established amongst all Member States, with various benefits exemplified (Eriksen et al, 2005).

Each Nation has retained individual sovereignty to endorse this Constitution and accept its sanctions as legally binding according to their own jurisdiction. One of the more acceptable facets of this new Constitution is the concept of unification of nations, with the emphasis representing recognition of the autonomy of individual states (Puig, 2003). The Treaty reflects greater flexibility for British people to limit the power of EU decisions, with the threat to national sovereignty being limited (Eriksen et al, 2005).

Although the Treaty is intended to strengthen national borders against terrorism and illegal immigrants, the future of foreign policy and defence remain a matter for individual legislation although, conversely, the Treaty is expected to benefit the Member States in the global economy when relating to the ‘super-state powers’ of China, Russia and America. Where the employment of approximately three million British people are directly associated with EU influences, 60% of trade is focused within the EU (NIESR, 2000), and legislation has attempted to eliminate social exclusion and discrimination, Britain has benefited by over £20 billion a year (Customs & Excise, 2001). The new Constitution has been described as “respect for human dignity, liberty, democracy, equality, the rule of law and human rights” (Cook, The Guardian, 29/10/04).

The Treaty explains explicitly within Part III how each Nation can arrange to leave the EU if continued membership is invalidated by referenda. Although the Treaty has been agreed by all Member States, in principle, it has yet to be ratified with suggestions of ‘heavy political costs … some illegal and others impractical’ if ratification fails to take place (Financial Times, 29/10/04). Conversely, however, Michael Howard reveals his distaste for the Constitution, describing it as “… blank sheet of paper on which to start re-writing UK employment and trade union legislation” (cited in The Daily Telegraph, 29/10/04).

Within Article III-393, Protocol 5 contains a revision establishing the statute of the European Investment Bank (EIB), also contained in Article IV-447 of the Constitution, both of which are enabled through a statute in Article III-394 which defines the EIB policies. Within this revision is a clause with which the Bank may create subsidiaries and endows the Audit Committee with extensive powers to increase its membership. These roles have been explicitly defined within this clause, with a greater emphasis on risk management in terms of potential borrowers. The revision within Protocol 5 also establishes equity participation and the Bank’s ethos to capital gearing (http://ue.eu.int and www.eib.org).

The Charter of Fundamental Rights

The original Charter was contained within the Treaty of Nice as a non-binding declaration. Following ratification, the Charter becomes legally binding according to Part II of the Constitution as agreed by the IGC (Puig, 2003), in effect to come within the jurisdiction of the Court of Justice as defined in Article II – 112. The Charter of Fundamental Rights emphasises actually limits the power of the ECHR, as recorded in Article 52.3. Each area of ECHR statutes and case law was investigated, along with the relevant national laws, with the final report being summarised in Annexe III of the Charter of Fundamental Rights. The significance has been recognised with a chapter devoted to covering each different aspect relevant to the fundamental rights of EU citizenship, e.g. Chapter I relates to ‘Dignity’ within which Articles 1 – 5 clarify ‘Right to Dignity’; ‘Right to Life’; ‘Right to the Integrity of the Person’; ‘Prohibition of torture and inhuman or degrading treatment or punishment’; and ‘Prohibition of slavery and forced labour’ respectively (http://www/europarl.eu.int/comparl/ libe/elsj/charter/ chapter_1/default_en.html).

CONCLUSION

In limiting the power of the EU, each Nation has retained the right to an evaluation by the European Commission if a third of the Nations oppose particular aspects of EU legislation. Where new legislation is to be introduced the EU legislative body, Council of Ministers, representing each Member State, must now meet in public to vote their approval before new laws become legally binding. The new Constitution has been described as being ‘too britannique’, reflecting the British ethos of lightly regulated but conjoined individual nation States (http://www.britainineurope.org.uk).

In 2006 a referendum will be held in Britain whereby the British people will either approve or refute the terms of the Treaty. The benefits of the EU would have to be considered directly in accordance with the support accorded by Britain’s surrounding neighbours and isolation being the penalty for voting against the EU Constitution (www.britainineurope.com). The power of the EU has strictly been limited as a result of this new Treaty with far more autonomy available for each individual nation as a result. Formal approval has now been given by the designated Heads of State.

Although formal ratification is still required by national parliaments following the results of a successful referendum in 2006 in Britain, this new Constitution encompasses all the previously accepted Articles and does not fulfil the concerns widely publicised by the Media: “It will create a new European state of which we will all be citizens. It will be able to sign treaties and join international bodies and its law will supersede our own. Britain will become a mere region within its federal embrace” (Daily Mail, 29/10/04). Following the Laeken Summit in 2001 it was considered that the EU in its existing format was too remote, with limited aspirations of the concept of democracy. The intention was to bring the EU closer to the people (SN 300/1/01 Rev 1).

The Treaty is intended to become effective following ratification on 1st November 2006, although this is dependent on positive plebiscitary acknowledgement by all 25 Member States (www.euobserver.com). The Spanish have already held their referendum with a 76.7% majority: Holland’s referendum has been scheduled to be held on 1st June 2005, according to the Netherland Newspaper, De Volkskrant (22/02/05 edition; and www.euobserver.com), although not legally binding in accordance with Dutch national law. Many other nations do not recognise the doctrine of plebiscites and have agreed to the 2006 sanctions on the basis of the Rome Summit Agreement in October 2004. A modern French philosopher has observed the ethos of the Constitution and suggests that the new Treaty has actually resolved ‘…the nature and existence of the constituent power on the European level…’ (Balibar, 2004: 161), although he suggests it continues to be the question rather than the answer. Whether a detrimental or beneficial effect will ensue following ratification remains the subject of considerable debate: a definitive answer at this stage can only be subjective and would fail to acknowledge and reflect the true potential for impact following ratification.

BIBLIOGRAPHY

Books

Balibar, E (2004): Difficult Europe: Democracy Under Construction. In We, The People of Europe? Reflections on Transnational Citizenship. Oxford: Princeton University Press, p161

HMSO Publications (obtainable in Public and University Libraries):
HM Customs and Excise (2001): Export and Import Trade with EU and non-EU Countries: Regional Trends 37. HMSO Publication

National Institute of Employment Statistics Register (2000): Continent Cut Off: The Macroeconomic Impact of UK Withdrawal from the EU. February 2000, HMSO Publication

Foreign and Commonwealth Office (2000): What has the EU ever done for us? HMSO Publication, August 2000

Newspaper Resources

Browne, Anthony (2004): Rome closed for a day as dignitaries flood in. The Times Newspaper, 29th October 2004

Revised EIB Statute is part of new EU Treaty. PR Newswire, UK, 20th October 2004

Napolitano, Guilio (2004): Italy: EU Constitution. In Agence France Presse, 29th October 2004.

Cassen, Bernard (2005): Europe: Debat Truque Sur la Constitution. In Monde Diplomatique, February 2005 edition

Online Resources

Puig, Gonzalo Villalta (2003): The European Constitution: Past and Present. National Europe Centre Technical Report Paper, No 115, 28th November 2003. http://www.anu.edu.au/NEC/Puig_Constitution.pdf

Major information point for up-to-date information on EU Policy: EU Observer.com at URL: http://www.euobserver.com/?sid=9&aid=18486

Eriksen, Erik Odvar; Fossum, John Erik; Kumm, Matthias and Menéndez, Augustín Josí (2005): The European Constitution: the Rubicon Crossed? ARENA Report No 3/05, University of Oslo CIDEL Project, February 2005. http://www.arena.uio.no/cidel/Reports/ArenaReport305.pdf

BBC Online News Website: EU referendum question unveiled. 26th January 2005. (http://news.bbc.co.uk/1/hi/uk_politics/4206955.stm)

Paul LE[micro]ser, Information and Communications Department: Tel +352 4379-1,
infopol@eib.org (http://ue.eu.int and www.eib.org).

SN 300/1/01 Rev 1: EU Council, Presidency Conclusion (Summit Declaration) http://ue.eu.int/igcpdf/en/04/cg00/cg00087-ad02re02.en04.pdf

CIG 87/2/04 Rev 2: Conference of the Representatives of the Governments of the Member States: Treaty establishing a Constitution for Europe. Brussels, 29th October 2004 http://ue.eu.int/igcpdf/en/04/cg00/cg00087-re02.en04.pdf

Addendum 1, Rev 1 CIG 87/04: Conference of the Representatives of the Governments of the Member States: Protocols and Annexes I and II annexed to the Treaty establishing a Constitution for Europe Brussels, 13 October 2004.
http://ue.eu.int/igcpdf/en/04/cg00/cg00087-ad01re01.en04.pdf

order a law essay

Related EU and EC law essays

Please note: The above essays and dissertations were written by students and then submitted to us to display and help others. Thanks to all the students who have submitted their work to us.

Back to Free Law Essays


order