Constitutional Treaty

Constitutional Treaty
Kaihsu Tai · Public domain · source
Name	Constitutional Treaty
Long name	Treaty establishing a Constitution for Europe
Date signed	29 October 2004
Location signed	Rome
Parties	Member States of the European Union
Languages	Latin, English, French

Constitutional Treaty

The Constitutional Treaty was an effort to create a single codified charter for the European Union by consolidating existing accords such as the Treaty of Rome, the Maastricht Treaty, and the Treaty of Nice. Negotiated in the aftermath of the European Convention and endorsed at the 2004 Intergovernmental Conference, it aimed to streamline decision-making among member states like France, Germany, Italy, Spain, and United Kingdom before its partial rejection in national referendums. Key actors included figures from the European Commission, the European Parliament, national cabinets such as the Prodi Commission, leaders like Jacques Chirac, Gerhard Schröder, and Tony Blair, and legal scholars from institutions including the European Court of Justice.

Background and Origins

Debate over a codified constitutional text followed enlargement rounds involving Spain, Portugal, Greece, Austria, Sweden, Finland, Czech Republic, Poland, Hungary, and Slovakia and referenced precedent negotiations such as the Single European Act and the Treaty of Maastricht. The European Council under Valéry Giscard d'Estaing convened a convention drawing delegates from the European Parliament, national parliaments like the Bundestag, regional assemblies such as the Catalan Parliament, and heads of state including Silvio Berlusconi and José Manuel Barroso. Institutional pressure from the European Commission and advocacy by civic groups in Brussels and Strasbourg paralleled academic commentary from faculties at University of Oxford, Université Paris 1 Panthéon-Sorbonne, and Hertie School. Historical comparisons invoked the constitutional experiences of United States, Canada, and Germany.

Drafting and Negotiation

The drafting phase involved working groups led by eminent figures including Valéry Giscard d'Estaing and inputs from legal experts associated with the European Court of Auditors and the Council of the European Union. Negotiations occurred in venues such as Rome, Brussels, and Luxembourg City and engaged foreign ministers from France, Germany, Italy, Spain, and Poland as well as diplomats from Greece, Netherlands, Belgium, and Ireland. The text sought compromise between federalist advocates like Giuliano Amato and intergovernmentalist leaders including Aznar and relied on procedures developed in the Treaty of Nice and proposals from the European Convention. Parliamentary scrutiny involved delegates from the House of Commons, the Sénat, the Bundesrat, and the Dáil Éireann.

Key Provisions and Institutional Changes

The draft proposed new offices and clarified roles for institutions such as the European Council, the European Commission, the Council of the European Union, and the European Parliament. It introduced a permanent President inspired by models like the President of the European Council and strengthened the Charter of Fundamental Rights of the European Union alongside jurisprudence from the European Court of Justice. Voting changes referenced qualified majority voting systems used after the Treaty of Amsterdam and aimed to reform decision-making in areas involving Justice and Home Affairs and external action coordinated with the Common Foreign and Security Policy. Constitutional symbolism drew on emblems like the Flag of Europe and the anthem associated with Ludwig van Beethoven's Ninth Symphony.

Ratification Process and Political Controversies

Ratification plans combined parliamentary approval in states including the Bundestag and referendums in France and the Netherlands, leading to political fallout when electorates rejected the text in national votes held in 2005. Campaigns mobilized actors such as labor unions from Confédération Générale du Travail and business associations like the Confederation of British Industry as well as parties including Socialists, Conservatives, Social Democratic Party of Germany, and Flemish Bloc. Media coverage from outlets such as BBC News, Le Monde, Der Spiegel, and El País amplified debates over national sovereignty raised by leaders like Jean-Marie Le Pen and commentators associated with Paul Krugman and Samuel Huntington analogies. The Irish ratification path used a second referendum mechanism influenced by precedents like the Good Friday Agreement process.

Legal Status and Relationship to National Constitutions

Although designed to be a single constitutional instrument superseding prior treaties, the draft raised complex interactions with national constitutions such as those of France, Germany, Italy, and Spain and provoked constitutional review procedures in courts like the Bundesverfassungsgericht and the Conseil constitutionnel. Scholars compared its proposed supremacy clauses to jurisprudence in the European Court of Justice and to constitutional doctrines in federations like the United States and Canada. Questions about primacy, competences, and subsidiarity engaged national constitutional courts in Poland, Czech Republic, and Lithuania and stimulated legal commentary from faculties at Harvard Law School and Yale Law School.

Legacy and Influence on Subsequent Treaties

Following its rejection, negotiators reconvened resulting in elements of the draft being incorporated into the Treaty of Lisbon during negotiations involving delegations from Ireland, Portugal, Malta, and Cyprus. Many institutional innovations, including provisions on the Charter of Fundamental Rights and permanent president roles, reappeared in modified form and influenced enlargement dialogues with Romania and Bulgaria. The episode informed constitutional scholarship at European University Institute and policy planning at the European External Action Service, and factored in electoral strategies of parties like Sinn Féin and Lega Nord. Debates over the text continue to shape discourse in parliaments of Poland, Hungary, and Slovakia and in networks such as the Council of Europe and Organisation for Economic Co-operation and Development.

Category:European Union treaties