Ratification of European Constitution for the European Union - Essay Example

Running Head: EUROPEAN CONSTITUTION Implications of the non – ratification of the European Constitution for the future development of European Union [Name of the Student] [Name of the University] CHAPTER ONE Introduction The Treaty establishing a Constitution for Europe was signed in 2004 by representatives of the Member States of the Union; however this was subject to ratification by all the Member States. Two Member States rejected this Treaty after their citizens rejected it in national referenda. The main objectives of this Treaty were to Its main aims were to provide a substitute for the existing treaties, arrange in a systematic manner human rights throughout the EU and to optimize the decision taking procedure. In the year 2005, this Treaty was rejected by Holland and France. As of February 2007, Austria, Belgium, Bulgaria, Cyprus, Estonia, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Romania, Slovenia and Spain have ratified this treaty. The referenda in Spain and Luxembourg showed that such a constitution was agreeable to most of the people. Moreover, countries like Finland, Germany and Slovakia had made all the necessary preparations for its ratification. The National legislation of the Member States has to be amended in order to ratify the European Constitution. Referenda of citizens’ opinions play an important role in this process of ratification of the European Constitution. The European Constitution cannot be implemented until and unless all the Member States ratify it. Implementation of the Constitutional Treaty requires the consent of all the Member States of the European Union. The Constitutional Treaty will not be enforced even if one Member State refuses to accept it. This has been termed as the vetoing of the Constitution. While the Constitutional Treaty was made the subject of national referenda quite some debate transpired in respect of national interests. The fact that such a constitution would prove to be of advantage to both the Union and its Member States was not debated (Shaw, 2005). The future of Europe has been discussed since the time that the European Council had undertaken a Declaration on the future of the European Union in the year 2001. This was subsequent to the Treaty of Nice 2000, which had projected the Union as being more democratic, transparent and effective. This Declaration known as the Laeken Declaration proposed the adoption of a Constitution for Europe. It was also agreed to form a Convention comprising of representatives from the governments and parliaments of the Member States. In this manner the foundation for a Constitutional Treaty for Europe was in Rome in the year 2004 and it was approved by the Heads of State and government of the Member States. CHAPTER TWO The Constitutional Treaty of the European Union In order to countenance future challenges an attempt was made by the European Constitution to modify the European Union. It is essential for the European Union to exhibit faster reflexes and to function in a highly coherent manner and in addition its effectiveness is dependent on the simplification of its procedures. The purpose of the European Constitution is to specify the manner in which the European Union is to function. Accordingly, the powers of the European Union have been described in an all inclusive manner. The Charter of Fundamental Freedoms, which comprises the most important part of the European Union law, assures civil and political rights to all the citizens of the European Union. Moreover, it specifies the norms to which any piece of European Union legislation has to conform. Furthermore, this instrument augments the powers of the European Parliament. In addition, it compels the Council of Ministers to make laws in the public, which increases the responsibility of the European Union. The present system of having a Presidency of the Union by rotation is to be replaced by a two and a half year period presidency. It has been the considered opinion of the experts that such a measure will enhance the efficiency of the European Union. Moreover, this charter will introduce, in respect of the Council of Ministers decisions, qualified majority voting. Most of the Member States have accepted that such a system of qualified majority voting would be most beneficial for the European Union. Another important change proposed is that from the year 2014, there would be a reduction in the size of the Commission so as to make it more efficient. The European Union acquires a legal status due to the draft Treaty and this status allows it to become a signatory to international treaties. With this draft Treaty a European Foreign Minister is selected who will represent the EU, furthermore it becomes mandatory to discuss with the European Parliament matters pertaining to the foreign policy of Europe. Moreover, it brings about a better defense understanding between the Member States (ALDE Group on the EU Constitution). Angela Merkel the German Federal Chancellor stated that she was strongly in favour of an EU Constitution as it was indispensable. She expressed displeasure with the Netherlands for having rejected the EU Constitution but held that its decision had to be accorded respect. The Dutch political leader Balkenende stated that the treaty had to be amended if it was to be accepted by the Dutch nation. Eighteen countries or two – thirds of the Member States had ratified the treaty. The European Constitution could not be implemented due to the fact that a referendum in the Netherlands and France had rejected this treaty (German chancellor supports EU Constitution, 2007). The British Prime Minister extended support to the German initiative to bring about a European Constitution. This declaration is to be approved on the 25th of March 2007, which is to be celebrated as the fiftieth anniversary of the European Union. The critics and detractors of Tony Blair have accused him of having made the United Kingdom a supporter of a Constitution that had been rejected in the year 2005 by both the French as well as the Dutch (DRURY, 2007). The constitutional treaty is rendered enforceable only if all the Member States ratify it. In general, such ratification is obtained either through parliamentary approval or by means of public referendums. Of the twenty – five Member States only twelve had accorded ratification. In the public referenda conducted in France and the Netherlands the voters disagreed with this constitution and rejected it. The main cause for this rejection in these two countries was based on the general argument that this constitution would encourage liberal economic trends, which would be detrimental to their national interests. The French voters were of the opinion that this constitution would curtail French influence in the European Union. The Dutch voters objected to this constitution on the grounds that it would mainly benefit the already large and strong nations of the Union, which would become stronger and more influential on the adoption of this constitution (Archick, 2005). Thus the possibility of implementing this constitution was rendered uncertain. Supporters of the constitution had proposed the conduct of another referendum in the countries where it had been rejected. At this juncture the United Kingdom’s Foreign Secretary, Jack Straw, stated that it was futile to conduct any such poll in the United Kingdom. Accordingly, he deferred this referendum sine die. The result was that the European Union leaders expressed their inability to implement the constitution. Therefore, the initial implementation date of November 2006 was rescinded and no new date was settled upon. Proponents of the constitution are of the opinion that the new target date could be sometime in the middle of the year 2007 after France’s general elections had been completed (Archick, 2005). The Authorities of the European Union admitted that the latter could exist even in the absence of a constitution and that it would continue to grow and develop due to the rules and provisions inherent in the Nice Treaty of 2000. A few critics are of the opinion that some of the provisions of the European Union constitution can be enforced by bringing about agreement amongst the European Union leaders. Some other critics have suggested that the constitutional treaty should be made acceptable to all the Member States by initiating discussions and negotiations. However, this could be difficult to realize because the draft is swarmed by compromises and opposition to the draft is being received from several contrasting directions. Opposition to the constitution can be construed to imply an opposition to the enlargement of the European Union (Humbled EU Leaders Scrap Constitution Deadline, 2005). Eighteen countries who were signatories to the European Constitution had assembled in Madrid on the 26th of June, 2006. The assemblage was under the aegis of Spain and Luxembourg. The meeting was held under the title Friends of the Constitution towards a better Europe. The objective of this meeting was to make the German Presidency of the European Union conduct a discussion on the Constitutional Treaty ( EU/CONSTITUTION, 2007). The State Secretaries for Foreign Affairs of Spain, Luxembourg, Germany, Bulgaria, Italy, Latvia, Lithuania, Malta and Romania were the invitees to this meeting. Portugal and Ireland did not ratify the Constitution. However, they had expressed keen interest in participating in this initiative ( EU/CONSTITUTION, 2007). At the same time, the German Chancellor, Angela Merkel while addressing a press conference revealed her intention to draw a plan that would resume talks while utilizing the present Draft Constitution Treaty as its basis. According to her this plan starts with the Constitutional Treaty ratified by all the EU State leaders and government. The German Presidency will be interested in retaining the substance of the Constitution; however, the Treaty can be amended if required. It was important to follow the time schedule formulated by the European Commission in 2006 in order to successfully counter problems. The German Chancellor expressed her inability to conduct the European Elections in 2009, in the absence of a new treaty ( EU/CONSTITUTION, 2007). Subsequent to a meeting with the Prime Minister Jean – Claude in Luxembourg, the socialist candidate in the future presidential election in France, Ségolène Royal, proposed a new French referendum on the future of the EU Treaty. It had been surmised that this referendum would be conducted at the same time as the elections to the European Union in the year 2009 ( EU/CONSTITUTION, 2007). CHAPTER THREE Effects of Non – Ratification There is great expectation and hope that the European Union will be extremely successful in controlling crime and terrorist activities in Europe. The citizens of Europe are sanguine in their expectation that the EU will maintain law and order in the Union. In order to meet these aims a system must exist that consist of a binding mechanism that successfully keeps all the Member States together. This mechanism is the Constitution. Inter – governmental frameworks and the process of taking decisions bring about the necessary coordination that is required for dealing with criminal issues. If unanimity is hoped for then it is evident that the cooperation between the Member States will be somewhat restricted as the cooperation would be restricted to inter – governmental devices which lack democratic and judicial legitimacy. The situation extant now is that there is a hypothetical law under which the present system survives without direct effect and which is incapable of applying the legal principles efficiently and homogeneously throughout all the Member States. This situation will be totally changed by the European Constitution, which will modify the conditions in the areas of freedom, security and justice. Due to these measures the European Union will be rendered unique. The policies on controlling the border, issuing visas, granting asylum and permitting immigration, engendering cooperation between the judiciary and the police, have been unified under one single heading. These policies will fall under the ambit of the European Community method particularly in the areas of ordinary legislative procedure and qualified majority voting. Moreover, the European Constitution will have discriminatory powers in all these fields with the help of direct effect. In the case of human rights the jurisdiction of the European Court of Justice will prevail. At this juncture, it can be considered that the European Union will be at a disadvantage in granting asylum within the European Union and enforcing a common immigration policy without the support of the European Constitution. Specifically, in the area of engendering cooperation between the police and the judiciary in criminal issues, the Union is failing. In this all important area, the European Constitution strives to introduce sophisticated innovations such as defining the powers of the Union in harmonising the criminal law. The European Constitution will bring in more stringent laws having direct effect in order to deal with crimes in the crucial areas of cross – border crime, terrorism, drug – trafficking and organised crime. Fortifying the Europol is possible under the European Constitution with the help of qualified majority and co – decision. Finally, the European Constitution will establish a European Public Prosecutor’s Office with sufficient powers to conduct an investigation and a prosecution and bring about the punishment of those found guilty. The European Constitution will ensure that the national parliaments participate in the decision – making process. The European Council is represented by the Member States which provide the Union with legitimate powers. The European Constitution recasts the qualified majority principle in order to make it simpler and helpful in taking decisions in the European Council. This renovated qualified majority will address the present system of weighted majority and dual majority which affects both the Member States and their populations. This would have the effect of rendering it easier and more transparent. Conclusions The European Constitution will not only oversee the present policies in respect of employment, social welfare and the free movement of workers but will also introduce new provisions of great value to the citizens of the European Union. For instance, a new horizontal clause requires the Union to consider the requirements of a superior standard of employment. It would obligate the European Community legislature to comply with the social and economic rights and principles of the Charter of Fundamental Rights in all fields. Under the aegis of the European Constitution, the democratic aims of the European Union will be rejuvenated. The general classification of powers under the European Constitution will increase the transparency and competence of the European Union’s judiciary besides protecting the trust of the Member States and their citizens. The apprehension of some is that the Constitutional Treaty could promote misplaced harmonisation and centralisation tendencies. Nevertheless, the effectiveness and benefits that will ensue from the adoption of this treaty will depend to a large extent on how well the system of checks and balances is able to function. References EU/CONSTITUTION. (2007, January 18). EU/CONSTITUTION: Meeting of 18 countries which have ratified Constitutional Treaty (plus Portugal and Ireland) - Angela Merkel wants current text to be used as basis - Ségolène Royal backs new French referendum in 2009. . Agence Europ. ALDE Group on the EU Constitution. (n.d.). Retrieved March 23, 2007, from http://www.alde.eu/index.php?id=57 Archick, K. ( 2005, December 27). The European Union’s Constitution. Retrieved March 23, 2007, from http://fpc.state.gov/documents/organization/61531.pdf DRURY, I. ( 2007, March 23). FEARS OVER BACK DOOR EU CONSTITUTION . Daily Mail . German chancellor supports EU Constitution. ( 2007, March 2). BBC Monitoring European. English . (c) 2007 The British Broadcasting Corporation. Humbled EU Leaders Scrap Constitution Deadline. ( 2005, June 17). Financial Times . Shaw, J. (2005, January 24). What happens if the Constitutional Treaty is not ratified? . 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