The EU Constitution is Dead. Long Live the EU Constitution.
Posted by Sitemaster on June 27, 2007
If you thought the idea of a European Constitution was dead, then think again. The constitution as such was blackballed by Holland and France, or perhaps more correctly, by the Dutch and French citizens. The Eurocrats, however, didn’t take that lying down. Determined to have their constitution, they have been busy seeking ways to improvise and eventually have their way. They have found the means to do this during the last two years.
Having been forced to abandon the constitution as a single document they will now reform the existing treaties that legalise the European Union and by using the back door, we will have a constitution. It will now be called a Treaty, and be dictated by two documents instead of one. The beauty of this is, that we, the people, need never be asked to vote on this in a referendum and that the Eurocrats merely need to approve the necessary ammendments to the existing ratified and accepted treaties.
The whole process is to be termed “The Treaty Reform Process” and there is nothing that the citizens of Europe can do to stop it.
We are to be governed. Not consulted.
The following is an extract from the EU commission (in PDF form at this link):
TREATY REFORM PROCESS
The European Council agrees that, after two years of uncertainty over the Union’s treatyreform process, the time has come to resolve the issue and for the Union to move on. The period of reflection has provided the opportunity in the meantime for wide public debate and helped prepare the ground for a solution.
Against this background, the European Council welcomes the report drawn up by the Presidency (doc.10659/07) following the mandate given to it in June 2006, and agrees that settling this issue quickly is a priority.
To this end the European Council agrees to convene an Intergovernmental Conference and invites the Presidency without delay to take the necessary steps in accordance with Article 48 of the TUE, with the objective of opening the IGC before the end of July as soon as the legal requirements have been met.
The IGC will carry out its work in accordance with the mandate set out in Annex I to these conclusions. The European Council invites the incoming Presidency to draw up a draft Treaty text in line with the terms of the mandate and to submit this to the IGC as soon as it opens.
The IGC will complete its work as quickly as possible, and in any case before the end of 2007, so as to allow for sufficient time to ratify the resulting Treaty before the European Parliament elections in June 2009.
Notice please, “before the EP elections in 2009″ and also notice please, allowing “sufficient time for ratification”, not “putting to referendum”. The mandate for the Intergovernmental Conference is put simply below and is again extracted from the PDF file:
DRAFT IGC MANDATE
The present mandate will provide the exclusive basis and framework for the work of the IGC that will be convened according to paragraph 10 of the European Council conclusions.GENERAL OBSERVATIONS
The IGC is asked to draw up a Treaty (hereinafter called “Reform Treaty”) amending the existing Treaties with a view to enhancing the efficiency and democratic legitimacy of the enlarged Union, as well as the coherence of its external action. The constitutional concept, which consisted in repealing all existing Treaties and replacing them by a single text called “Constitution”, is abandoned. The Reform Treaty will introduce into the existing Treaties, which remain in force, the innovations resulting from the 2004 IGC, as set out below in a detailed fashion.
The Reform Treaty will contain two substantive clauses amending respectively the Treaty on the European Union (TEU) and the Treaty establishing the European Community. (TEC). The TEU will keep its present name and the TEC will be called Treaty on the Functioning of the Union, the Union having a single legal personality. The word “Community” will throughout be replaced by the word “Union”; it will be stated that the two Treaties constitute the Treaties on which the Union is founded and that the Union replaces and succeeds the Community. Further clauses will contain the usual provisions on ratification and entry into force as well as transitional arrangements. Technical amendments to the Euratom Treaty and to the existing Protocols, as agreed in the 2004 IGC, will be done via Protocols attached to the Reform Treaty.
The TEU and the Treaty on the Functioning of the Union will not have a constitutional character. The terminology used throughout the Treaties will reflect this change: the term “Constitution” will not be used, the “Union Minister for Foreign Affairs” will be called High Representative of the Union for Foreign Affairs and Security Policy and the denominations “law” and “framework law” will be abandoned, the existing denominations “regulations”, “directives” and “decisions” being retained. Likewise, there will be no article in the amended Treaties mentioning the symbols of the EU such as the flag, the anthem or the motto. Concerning the primacy of EU law, the IGC will adopt a Declaration recalling the existing case law of the EU Court of Justice.
As far as the content of the amendments to the existing Treaties is concerned, the innovations resulting from the 2004 IGC will be integrated into the TEU and the Treaty on the Functioning of the Union, as specified in this mandate. Modifications to these innovations introduced as a result of the consultations held with the Member States over the past 6 months are clearly indicated below. They concern in particular the respective competences of the EU and the Member States and their delimitation, the specific nature of the Common Foreign and Security Policy, the enhanced role of national parliaments, the treatment of the Charter of Fundamental Rights and a mechanism, in the area of police and judicial cooperation in criminal matters, enabling Member States to go forward on a given act while allowing others not to participate.
The 2004 IGC is what gave us the rejected constitution. It is therefore remarkable that “the innovations resulting from the 2004 IGC will be integrated into the TEU and the Treaty on the Functioning of the Union”. Surely, it was those innovations that were rejected by the Dutch and the French?
The final and most worrying part of all this is the simple statement found later in the document, quote:
“The innovations as agreed in the 2004 IGC will be inserted into the Treaty by way of specific modifications in the usual manner.”
Which basically means, they vote, you don’t.
Democracy is dead.
Terminology:
TEU: Treaty on the European Union.
TEC: Treaty establishing the European Community.
IGC: Intergovernmental Conference
Link: PDF file, EU Commission.
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