Ten Reflections on the Constitutional Treaty for Europe

The report summarises the presentations and discussions at the European Union ConstitutionalTreaty conference held at the Moot Hall in Colchester on 3 November 2004. The Conferencewas a public information event aimed at sixth formers and university students as well as thegeneral public. It was also an event to mark the 40th anniversary of the University of Essex. Thespeakers included Essex politicians drawn from local government, Westminster, and theEuropean Parliament, as well as academic experts, lawyers and journalists. The conference alsoheard from the Irish Ambassador to the United Kingdom. The intention was to present a criticaland balanced assessment of the Constitutional Treaty and to contribute to the debate that mustnow begin in the UK, as a European Union member state, on whether to ratify the Constitution.The Constitution will first be considered in Parliament and thereafter the electorate will have theopportunity to vote on the Constitution in a referendum. The conferen...

Public Choice, 2000

We propose an alternative to the Constitutional Treaty drafted by the European Convention. Our proposal effectively limits the domain of government at the Union level. It takes the incentives of the European public actors into account. We propose a second chamber of European Parliament composed of delegates of the parliaments of the member states and a second court composed of delegates of the highest courts of the member states. These institutions will be the guardians of the subsidiarity principle. The principle of the separation of powers is implemented by abolishing the Commission's monopoly of legislative initiative and by curtailing the Council's legislative role. Treaty amendments will not be drafted by an intergovernmental conference but by an inter-parliamentary conference. We propose to change the method of financing and introduce referenda. 5. They do not improve the separation of powers. 6. They do not pay sufficient attention to the incentives of public actors at the European level.

This paper is a contribution to the ongoing constitutional debate of 31 Master Fellows of 17 different nationalities currently completing a Master Programme in European Studies at the Centre for European Integration Studies (ZEI) in Bonn. As part of a course on the history of European integration held by Professor Dr. Ludger Kühnhardt, Director at ZEI, Master Fellows decided to take on the academic endeavour in proposing an alternative constitution for Europe. This resulted in a “split” of the Master Fellows into two basic groups dealing with two different approaches to a brave new constitutional project – one relying on the current draft of the Constitutional Treaty, the other one going beyond it.

2002

This Article discusses the latest episode in the history of one of the European Union. Part I provides an overview of the integration project. Part II highlights the significance of debating the future of Europe. Part III presents the vehicle of the European Convention. Part IV analyses selected constitutionalizing themes offered in Monsieur Giscard's blueprint. Finally, Part V offers findings and perspectives.

2007

WE, THE CITIZENS OF THE EUROPEAN UNION, through our legitimate political representatives which have been lawfully appointed in accordance with respective constitutional requirements of all the Member States, DRAWING INSPIRATION from the cultural, religious and humanist inheritance of Europe, from which the inviolable and inalienable rights of the human person, freedom, democracy, social justice, equality and the rule of law have been irreversibly established, BELIEVING that Europe, reunited after bitter experiences, intends to continue along the path of civilization and prosperity for the good of all its inhabitants, including the weakest and the most deprived; and that it wishes to remain a continent open to culture, learning and social progress; and to strive for peace, justice and solidarity throughout the world, DETERMINED, while remaining proud of our own national identities and history, to transcend our former divisions and, united ever more closely, to forge a common destiny, DESIRING to form a more perfect Union, which shall continue and improve the work accomplished within the framework of the Treaties establishing the European Communities and the Treaty on European Union, by ensuring the continuity of the Community acquis, strengthening the protection of human rights, providing for a more democratic and transparent public life, a single voice in international relations and a common defence, HEREBY adopt the following: TREATY ESTABLISHING A CONSTITUTION FOR EUROPE "Realistic" Group 8 PART I-BASIC PROVISIONS Article 1 Establishment of the Union Reflecting the will of the citizens and States of Europe to build a common future, this Treaty Establishing a Constitution for Europe (hereinafter referred to as the 'Constitution') establishes the European Union, on which the Member States confer competences to attain objectives they have in common. The Union shall coordinate the policies by which the Member States aim to achieve these objectives, and shall exercise on a Community basis the competences they confer on it. The Union shall be open to all European States, which respect its values and are committed to promoting them together. Article 2 The Union's Values The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity, equality between woman and man and respect for cultural, religious and racial diversities prevail. Article 3 The Union's objectives 1. The Union's aim is to promote peace, its values and the well being of its peoples.

president.lv

Secretary General of Notre Europe. She holds a degree in political science and public administration from the University of Liège and an MPHIL and a DPHIL in European politics and society from Oxford University. Her research focused on policy formation in the European Union, and more particularly on education policy. The revision of the European treaties: the Convention moment: Six arguments for its continuation, six proposal for its reform The new Lisbon Treaty provides for the Convention approach to become the "ordinary" procedure for any significant revision of the European treaties. But will EU Member States be willing to go down the Convention route again after their two previous experiences with the Convention on the Charter of Fundamental Rights and the one leading to the Draft Constitutional Treaty? In this Policy Paper, Notre Europe makes a stand in favour of the Convention approach on the grounds that it represents a fundamental stage towards the democratisation of the Treaty revision process as well as presenting numerous advantages by comparison with classical Intergovernmental Conferences. Taking into account the criticisms that were levelled at the Convention, this paper also opens avenues towards the improvement of its operation be it in terms of democracy or efficiency. A panel of experts brought together by Notre Europe sets forth recommendations designed to deepen the thinking behind the revisions of the founding EU texts. These are momentous for the Union as those texts underpin the European project it aims to nurture at the dawn of this 21st Century.

The Rise and Fall of the EU’s Constitutional Treaty, 2008

2006

European Political Science, 2005