European Convention (2002–2003)

European Convention (2002–2003)
Name	European Convention (2002–2003)
Native name	Convention on the Future of Europe
Formation	2002
Dissolution	2003
Purpose	Draft a constitution for the European Union
Location	Brussels, Rome
Leader title	President
Leader name	Valéry Giscard d'Estaing
Parent organization	European Council

European Convention (2002–2003)

The European Convention (2002–2003), convened as the Convention on the Future of Europe, was an ad hoc body tasked with drafting a treaty to consolidate the treaties and reform institutions of the European Union, producing the Draft Treaty establishing a European Constitution in 2003, led by Valéry Giscard d'Estaing and reported to the European Council and the Council of the European Union. The Convention linked earlier processes such as the Maastricht Treaty and the Treaty of Amsterdam with later developments culminating in the Treaty of Lisbon, engaging representatives from member states, candidate countries, the European Commission, and the European Parliament.

Background and objectives

The Convention was initiated after the Laeken Declaration of 2001, which followed deliberations in the European Council chaired by Herman Van Rompuy predecessor leaders such as Tony Blair and Gordon Brown, and sought to address institutional strain following successive enlargements including Nice Treaty outcomes and the accession of Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia. Its objectives reflected concerns raised in documents like the Laeken Declaration and debates in national parliaments including Bundestag, Assemblée nationale, Cortes Generales, and in forums such as European Parliament plenaries and Committee of the Regions. The Convention aimed to propose clearer division of competences among institutions such as the European Commission, Council of the European Union, European Parliament, and the European Court of Justice while engaging civil society exemplified by European Citizens' Initiative discussions and consultation methods similar to those used in the Treaty establishing a Constitution for Europe process.

Membership and participants

Membership combined representatives from heads of state and government via the European Council, national parliaments including delegations from parliaments like the Oireachtas, the Storting for non-member participants, and the House of Commons observers; executive representation included the European Commission and the European Parliament delegation headed by figures like Nicole Fontaine and Pat Cox. The Convention included members from candidate states such as Turkey and representatives of the European Economic Area framework, as well as observers from the Organisation for Security and Co-operation in Europe and the Council of Europe. Prominent political figures in attendance alongside Valéry Giscard d'Estaing included former leaders with profiles tied to treaties like the Treaty of Rome and institutional architects linked to the Single European Act.

Drafting process and procedures

The Convention operated through plenary sessions in venues including Brussels and Rome, working groups modeled after prior treaty negotiations such as those for the Single European Act and the Maastricht Treaty, and an executive presidium chaired by Valéry Giscard d'Estaing with rapporteurs and secretariat support from the European Commission and the Council of the European Union. Procedures included agenda-setting by the presidium, thematic working groups on issues like external action mirroring functions of the European External Action Service precursors, and consultation with actors like the European Court of Auditors and the European Central Bank. The Convention used voting rules influenced by past practice in the Convention on Human Rights and informal consensus-building techniques seen in the European Council and in summit diplomacy used at gatherings like the G7.

Key proposals and content of the draft constitution

The Draft Treaty establishing a European Constitution proposed a consolidated single text combining the Maastricht Treaty and subsequent amending treaties, establishing a codified list of competences, creating a legal personality for the European Union, and proposing institutional reforms affecting the European Commission, the Council of the European Union, and the European Parliament. Proposals included a permanent President of the European Council to replace rotating presidencies, clearer roles for the High Representative for the Common Foreign and Security Policy in foreign policy reflective of aspirations linked to the Common Foreign and Security Policy (CFSP), and provisions to expand qualified majority voting in areas previously requiring unanimity, echoing earlier debates in the context of the Nice Treaty. The draft incorporated a Charter of Fundamental Rights influenced by the European Convention on Human Rights and proposals for subsidiarity safeguards engaging national parliaments such as the Bundestag and the Assemblée nationale.

Political reactions and debates

Reaction spanned endorsement from pro-reform leaders including José Manuel Barroso and skepticism from eurosceptic figures linked to parties represented in bodies such as the European Parliament and national legislatures including the Riksdag, the Sejm and Senate of Poland. Debates referenced national constitutional traditions like those of France and Germany, concerns voiced during public referendums in states such as Denmark and later in France and Netherlands, and positions from actors such as Trade Unions and business associations modeled on entities like the European Confederation of Independent Trade Unions. Media commentary from outlets covering Brussels politics compared the draft to seminal documents like the Treaty of Rome and the Treaty establishing the European Economic Community while NGOs such as Greenpeace and Amnesty International weighed in on the Charter of Fundamental Rights.

Outcome and legacy

Although the Convention produced the Draft Treaty establishing a European Constitution submitted at the Rome intergovernmental conference, ratification failed after referendums rejected the text in France and the Netherlands, leading to renegotiation and the eventual adoption of the Treaty of Lisbon which incorporated many institutional reforms in amended form, influencing subsequent bodies like the European External Action Service and the appointment procedures for the European Commission President exemplified by the Spitzenkandidat practice in European Parliament elections. The Convention's legacy persists in scholarship on treaty-making involving actors such as the European Court of Justice and in constitutional debates within member states including Spain, Italy, and Poland, and it shaped later accession dialogues with prospective members and relations with entities like the North Atlantic Treaty Organization and the United Nations.

Category:European Union treaties