What is the constitution of the European Union?

The Constitution of the European Union, officially called the “European Constitutional Treaty”, was a proposal to replace the current Treaties of the European Union (EU) with a single unified document. This constitution was intended to clarify and simplify the structure of EU institutions and decision-making processes. Although the constitution was never ratified, its content and goals have significantly influenced subsequent EU treaties, especially the Treaty of Lisbon.

Background and development of the Constitution

The drafting of the European Constitutional Treaty began in 2001, when the European Council established the Convention on the Future of Europe. The task of the convention was to prepare a proposal for a constitutional treaty that would replace the previous EU treaties, such as the Treaty of Rome and the Maastricht Treaty. The convention was chaired by former French president Valéry Giscard d’Estaing.

The main objectives of the Constitution

The goals of the constitutional agreement were manifold. Among other things, it aimed to:

  • To clarify the structure and decision-making processes of EU institutions.
  • To strengthen the EU’s democratic legitimacy and transparency.
  • To simplify the EU treaties by combining them into one document.
  • To expand the EU’s competence in certain policy areas, such as justice and home affairs.

Content of the Constitution

The constitutional agreement consisted of four parts:

  1. Basic principles and objectives: Defined the EU’s values, objectives and powers.
  2. Charter of Fundamental Rights: Included the EU Charter of Fundamental Rights, which defined the basic rights and freedoms of citizens.
  3. EU institutions and decision-making processes: Defined the structure of the EU institutions and the relationships between them.
  4. General and final regulations: Included technical and administrative regulations.

Ratification process and failure

The constitutional treaty was signed in Rome on October 29, 2004, but its entry into force required ratification by all member states. However, the ratification process faced significant obstacles when referendums in France and the Netherlands rejected the treaty in 2005. This resulted in the constitutional treaty never entering into force.

Treaty of Lisbon

After the failure of the Constitutional Treaty, EU member states negotiated a new treaty known as the Treaty of Lisbon. The Treaty of Lisbon was signed on 13 December 2007 and entered into force on 1 December 2009. The Treaty of Lisbon contained many key elements of the Constitutional Treaty, but it did not replace the previous treaties, but rather amended and supplemented them.

Conclusion

Although the Constitution of the European Union never entered into force, its drafting process and content have had a significant impact on the development of the EU. The Treaty of Lisbon, which followed the failure of the Constitutional Treaty, contained many of the same goals and changes, and is today a central part of the EU’s legal framework.

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