What the hell is the EU Constitution?

[Pidge]

I didn't know. I tried to read the actual document, but its all very legalese. I'm guessing that I'm not alone and that lots of people have been either staying away from the topic or expressing opinions based on other's opinions or their feelings towards the EU.
I found a BBC page explaining it all and it's quite good if it is accurate.
http://news.bbc.co.uk/1/hi/world/europe/2950276.stm

[watch-this-drive]

Quote
The constitution brings together for the first time the many treaties and agreements on which the EU is based.

...

Wasnt that one of the excuses given for shoving the Nice Treaty down the electorates throat?

[MacCoise]

the constitution gives a raft of new powers to the EU, and favours the larger countries. it also specifically makes all emmbers co-operate in a NATO framework

[eurocrat]

the constitution gives a raft of new powers to the EU, and favours the larger countries. it also specifically makes all emmbers co-operate in a NATO framework

Stunning piece of ananlysis there. Thanks for that. You have cleared up a lot of things for me there.

This consitution will force us to eat croisants for breakfast too..

[Realism]

the constitution gives a raft of new powers to the EU, and favours the larger countries. it also specifically makes all emmbers co-operate in a NATO framework

Stunning piece of ananlysis there. Thanks for that. You have cleared up a lot of things for me there.

This consitution will force us to eat croisants for breakfast too..

And there will be only one choice of footwear: clogs. Having said that, all colours (options) will be on the table.

[Badnarik_Eire]

For those of you who are unsure it tidies up old stuff and makes the following changes...
Heres a cut and paste job from the wiki summary.

Relating to principles of functioning
The principle of conferral
The Constitution specifies that the EU is a union of member states, and that all its competences (areas of responsibility) are voluntarily conferred on it by its member states according to the so-called principle of conferral. The EU has no competences by right, and thus any areas of policy not explicitly specified in the Constitution remain the domain of the sovereign member states (notwithstanding the ‘flexibility clause' – see below).

This is explicitly specified for the first time, but since the Union has always been a treaty-based organisation, it has always been the case by default under international law.

The principle of subsidiarity
According to the Constitution, the EU may only act (i.e. make laws) where its member states agree unanimously that actions by individual countries would be insufficient. This is the so-called principle of subsidiarity, and is based on the legal and political principle that governmental decisions should be taken as close to the people as possible while still remaining effective.

The principle of proportionality
In all areas, the EU may only act to exactly the extent that is needed to achieve its objectives (the so-called principle of proportionality).

Obligations of member states
Member states have constitutional obligations. Since the Constitution has the legal status of a treaty, these obligations have the legal status of treaty obligations. They are:

to ensure implementation at national level of what is decided at EU level;
to support the EU in achieving its tasks;
not to jeopardise shared EU objectives.
Primacy of Union law
In accordance with the norms of international law among European countries, EU law has primacy over the laws of member states in the areas where member states allow it to legislate. In other words, no member state may pass a national law which is incompatible with an agreement already made at European level.

This principle has been the case since the Community was founded in 1957. It is the principle from which the judgements of the European Court of Justice derive their legitimacy.

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Relating to the common agenda
Mutual values of the Union's member states
As stated in the first article of the Treaty (http://www.europarl.org.uk/constitution ... leMain.htm), the Union is open to all European States which respect the following common values:

freedom;
democracy;
respect for human rights;
the rule of law;
human dignity;
equality;
minority rights.
Member states also declare that the following principles prevail in their society (second article (http://www.europarl.org.uk/constitution ... leMain.htm)):

pluralism;
non-discrimination;
tolerance;
justice;
solidarity;
equality of the sexes;
These provisions are not new, but some of them are codified for the first time.

Aims of the Union
The aims of the EU are made explicit (article three) (http://www.europarl.org.uk/constitution ... leMain.htm):

to promote peace, its values and the well-being of its peoples
to maintain freedom, security and justice without internal frontiers, and an internal market where competition is free and undistorted
sustainable development based on balanced economic growth and price stability, a highly competitive social market economy
social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child
economic, social and territorial cohesion, and solidarity among Member States
to uphold and promote its values and interest, in its relation with the wider world.
[edit]
Relating to the scope of the Union
Competences
The EU has six exclusive competences. These are policy areas in which member states have agreed that they should act exclusively through the EU and not legislate at a national level at all. The list remains unchanged from the previous treaties:

customs union;
those competition rules that govern the internal market;
eurozone monetary policy;
conservation of marine biological resources (the Common Fisheries Policy);
common commercial policy;
the conclusion of certain limited international agreements.
There are a number of shared competences. These are areas in which member states agree to act individually only where they have not already acted through the EU, or where the EU has ceased to act (though there are a few areas where member states may act both nationally and through the EU if they wish). The list of areas is mostly unchanged from previous treaties, with three new competences added (see below).

There are a number of areas where the EU may only take supporting, coordinating or complementary action. In these areas, member states do not confer any competences on the Union, but they agree to act through the Union in order to support their work at national level. Again, the list of areas is mostly unchanged from previous treaties, with three new competences added (see below).

Flexibility clause
The Constitution's flexibility clause allows the EU to act in areas not made explicit in the Constitution, but:

only if all member states agree;
only with the consent of the European Parliament; and
only where this is necessary to achieve an agreed objective under the Constitution.
This clause has been present in EU law since the original Treaty of Rome, which established the EEC in 1958. It is designed to allow EU countries to develop new areas of co-operation without needing to go through the process of a full treaty revision.

Common foreign and security policy
The EU is charged with defining and implementing a common foreign and security policy in due time. The wording of this article is taken directly from the existing Treaty on European Union, with no new provisions.

[edit]
Other
Institutions
Main article: Institutions of the European Union

The institutional structure of the Union is unchanged. The Council of the European Union is now formally renamed as the 'Council of Ministers', which had already been its informal title. The "General Affairs Council" is formally split from the "Foreign Affairs Council". (previously the "General Affairs and External Relations" configuration was technically a single formation, but since June 2002, they already held separate meetings).

Symbols of the Union
Main article: European symbols

The EU has a flag, an anthem and a motto. These have long been recognised, though never formally in a treaty. The Constitution does not confer any special legal status on these symbols.

Dialogues with civic society
According to the Constitution, the EU maintains a dialogue with churches and non-confessional organisations.

[edit]
New provisions
[edit]
Relating to the scope of the EU
Legal personality
The European Union has legal personality under the Constitution. This means that it is able to represent itself as a single body in certain circumstances under international law. Most significantly, it is able to sign treaties as a single body where all its member states agree.

This provision is not new in one sense, since the European Community has always had legal personality. But the parallel Community and Union structures are now merged and simplified as a single entity, so a new recognition of the Union's legal personality is required.

New competences
The EU has conferred upon it as new 'shared competences' the areas of territorial cohesion, energy, and space. These are areas where the EU may act alongside its individual member states.

The EU has conferred upon it as new areas of 'supporting, coordinating or complementary action' the areas of tourism, sport, and administrative co-operation.

Criminal justice proceedings
Member states will continue to co-operate in some areas of criminal judicial proceedings where they agree to do so, as at present. Under the Constitution, seven new areas of co-operation are added:

terrorism;
trafficking in persons;
offences against children;
drugs trafficking;
arms trafficking;
corruption;
fraud.
Solidarity clause
The new solidarity clause specifies that any member state which falls victim to a terrorist attack or other disaster will receive assistance from other member states, if it requests it. This was already the case in practice, but it is now officially codified. The specific arrangements will be decided by the Council of Ministers.

European Public Prosecutor
Provision exists for the future creation of a European Public Prosecutor's Office, if all member states agree and if the European Parliament gives its consent.

Charter of Fundamental Rights of the European Union
The Constitution includes a copy of the Charter already agreed to by all EU member states. This is included in the Constitution so that EU institutions themselves are obliged to conform to the same standards of fundamental rights.

[edit]
Relating to simplification and the merging of the "three pillars"
Simplified jargon and legal instruments
The Constitution makes an effort to simplify jargon and reduce the number of EU legal instruments (ways in which EU countries may act). These are also unified across areas of policy (referred to as pillars of the European Union in previous treaties).

Specifically:

'European Regulations' (of the Community pillar) and 'Decisions' (of the Police and Judicial Co-operation in Criminal Matters pillar) both become referred to as European laws.
'European Directives' (of the Community pillar) and 'Framework Decisions' (of the PJC pillar) both become referred to as 'European framework laws'.
'Conventions' (of the PJC pillar) are done away with, replaced in every case by either European laws or European framework laws.
'Joint actions' and 'Common positions' (of what is now the Common Foreign and Security Policy Pillar) are both replaced by 'decisions'.
Merging of High Representative and external relations Commissioner
In the new Constitution, the present role of High Representative for the Common Foreign and Security Policy is amalgamated with the role of the Commissioner for External Relations.

This creates a new so-called Union Minister for Foreign Affairs who is also a Vice President of the Commission. This individual will be responsible for co-ordinating foreign policy across the Union. He or she will also be able to represent the EU abroad in areas where member states agree to speak with one voice.

[edit]
Relating to the functionality of institutions
Qualified majority voting
More day-to-day decisions in the Council of Ministers are to be taken by qualified majority voting, requiring a 55% majority of member states representing a 65% majority of citizens. (The 55% is raised to 72% when the Council is acting on its own initiative rather than on a legislative proposal.)

The unanimous agreement of all member states is still required for decisions on more sensitive issues, such as tax, social security, foreign policy and defence.

President of the European Council
The six-month rotating Presidency of the European Council will switch to a chair chosen by the heads of government, in office for eighteen months and renewable once. The role will be the same as now, i.e. administrative and non-executive.

President of the Council of Ministers
The six-month rotating Presidency of the Council of Ministers, which currently coincides with the Presidency of the European Council, will be changed to an eighteen-month rotating Presidency shared by a trio of member countries, in an attempt to provide more continuity.

The exception is the Council's Foreign Affair configuration, which will be chaired by the newly-created Union Minister for Foreign Affairs.

Smaller Commission
The Commission is reduced in size from 2014. There will be fewer Commissioners, with member states taking it in turn to nominate Commissioners two times out of three.

[edit]
Relating to parliamentary power and transparency
President of the Commission
The candidate for President of the European Commission is proposed by the European Council, after consultation with MEPs, and will be elected by the European Parliament. Parliament has the final say.

Meeting in public
The Council of Ministers will now meet in public when debating new laws.

Parliament as co-legislature
The European Parliament acquires equal legislative power with the Council in virtually all areas of policy (previously, it had this power in most cases, but not all).

Budget
The final say over the EU's annual budget is given to the European Parliament. Agricultural spending is no longer ring-fenced, and is brought under the Parliament's control.

Role of national parliaments
Member states' national parliaments are given a new role in scrutinising proposed EU laws, and are entitled to object if they feel a proposal oversteps the boundary of the Union's agreed areas of responsibility.

Popular mandate
The Commission is invited to consider any proposal "on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Constitution" which has the support of one million citizens. The mechanism by which this will be put into practice has yet to be agreed. (See article I-46-4 for details.)

[edit]
Relating to further integration, amendment or withdrawal
Enhanced co-operation
There is a tightening of existing rules for 'enhanced cooperation', where some member states may choose to act together more closely and others not. A minimum of two thirds of member states must now participate in any enhanced cooperation, and the agreement of the European Parliament is needed. The option for enhanced cooperation is also widened to all areas of agreed EU policy.

Treaty revisions
Previously, alteration of treaties was decided by unanimous agreement of the European Council behind closed doors. Any amendments to the Constitutional treaty, however, will involve the convening of a new Convention, similar to that chaired by Valéry Giscard d'Estaing in drafting the Constitution itself. This process may be bypassed if the European Parliament agrees. However, small revisions removing national vetoes can be made by unanimous agreement of the European Council through the Passerelle Clause (Article IV-444).

The final say on adopting proposals will continue to rest with the Council, and needs unanimity of the Council.

Withdrawal clause
A new clause allows for the withdrawal of any member state without renegotiation of the Constitution or violation of treaty commitments. Under this clause, when a country notifies the Council of its intent to withdraw, a settlement is agreed in the Council with the consent of Parliament. If negotiations are not agreed within two years, the country leaves anyway.

While these provisions are technically new, the process described is a formalisation of the process which Greenland used to leave the EC in 1985.

[Libero]

For those of you who are unsure it tidies up old stuff and makes the following changes...
Heres a cut and paste job from the wiki summary.

Please, dude, if you think some outside info will be useful, paste in some links - not pages of content.

Thanks!

[Shepherd]

the constitution gives a raft of new powers to the EU, and favours the larger countries. it also specifically makes all emmbers co-operate in a NATO framework

Stunning piece of ananlysis there. Thanks for that. You have cleared up a lot of things for me there.

This consitution will force us to eat croisants for breakfast too..

And there will be only one choice of footwear: clogs. Having said that, all colours (options) will be on the table.

There's a protocol that forces Roger Cole, Anthony Coughlan and The Right Honourable Justin Boyd-Barrett to join the British Army and kill Palestinians, too.

Another reason to vote Yes, so.

[Badnarik_Eire]

For those of you who are unsure it tidies up old stuff and makes the following changes...
Heres a cut and paste job from the wiki summary.

Please, dude, if you think some outside info will be useful, paste in some links - not pages of content.

Thanks!

I didn't know you were a moderator?

[Pidge]

For those of you who are unsure it tidies up old stuff and makes the following changes...
Heres a cut and paste job from the wiki summary.

Please, dude, if you think some outside info will be useful, paste in some links - not pages of content.

Thanks!

I didn't know you were a moderator?

He's right though - thats the legalese im trying to avoid aswell