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TABLE OF CONTENTS

1.	INTRODUCTION	3 2.	MAJOR ASPECTS	3 2.1 The passing  situation  of  treaty  establishing  a  Constitution  for  Europe	3 2.2 The necessity  for  treaty  establishing  a  Constitution  for  Europe	4 2.3 Basic preparations  of  treaty  establishing  a  Constitution for  Europe	4 A. Aims of  the  Union	4 B. Values of  the  European  Union	5 C. Charter of  Fundamental  Rights  of  the  European  Union	5 D. Asylum and  Migration	5 E. Common Foreign and Security Policy (CESP)	6 2.4 The good  reform  of  Treaty  on  a  Constitution  for  Europe	6 3.	CRITICAL CONTENTS	7 4.	RATIFICATION PROCESS	7 5.	DEVELOPMENT TREATY  ON  A  CONSTITUTION   FOR  EUROPE	8 5.1 Convention	8 5.2 The Intergovernmental Conference (IGC)	9 5.3 Remark  development  of  Treaty  on  a  Constitution for  Europe	9 6.	WHO DRAFTED IT? 10 7.	THE CONSTITUTIONAL CONVENTION	10 8.	WHAT’S ITS FUTURE	11 8.1 What is the status of the constitution at present? 11 8.2 Do all member states want a European constitution? 11 9  CONCLUSION	11 LIST OF SOURCES	11

1.	INTRODUCTION

The treaty establishing a Constitution for Europe ( TCE ) is an international treaty for the Europe. It was signed  in  Rome on  29  October  2004. It is  the  product  of   more  than  two years of negotiations  between  the  Union’s  Member  states.

This treaty will ensure  that  the  newly  enlarged  European  Union  is  more  efficient  effective and open. It provides  a  strength  for  the  voice  of  national  governments  within  the  EU, through the  creation  of  a  full  time  president  of  the  European  Council. For the  first  time, it gives  national  parliaments  the  power  to  scrutinise  proposed  EU  legislation  at  the  draft stage and  to  send  it  back  if  they  are  not  satisfied  the  Union  needs  to  act.

The EU’s  Constitutional  Treaty  is  complex. It has  to  be  precisely  because  it  is  not  a  law for governing  a  superstate,  so  drafting  be  carefully  and  precisely  the  relations  between European nations  in  a  variety  of  areas.

The treaty  a  Constitution  for  Europe  would  also  reform  the  decision-making  rules  within and between  the  institutions : such  as  the  weighting  of  votes  in  the  Council,  two  new leadership offices (a  single  ‘Chair’  of  the  European  Council  and  an  EU  foreign  Minister), the number  of  Commissioners,  and  the  power  of  the  EU  in  the  legislative  and  budgetary procedures.

The treaty establishing a Constitution for Europe is preceded by a preamble which recalls among other things about Europe’s cultural, religious and humanist inheritance and invokes the desire of Europeans to transcend their ancient divisions in order to forge a common destiny while remaining proud of their national identities and history.

2.	MAJOR ASPECTS

2.1 The passing  situation  of  treaty  establishing  a  Constitution  for  Europe The treaty  on  a  Constitution  for  European  was  signed  by  representatives  of  the  member states on 29  October  2004,  and  was  in  the  process  of  ratification  by  the  member  states, when in  2005,  French (29  May)  and  Dutch (1  June)  voters  rejected  the  treaty  in  referendum. The failure  of  the  constitution  to  win  popular  support  in  these  two  countries caused some  other  countries  to  postpone  or  halt  their  ratification  procedures,  and  the Constitution now  has  a  highly  uncertain  future. Had it  been  ratified,  the  treaty  would  have  come  into  force  on  1  November  2006. As of  February  2007,  Austria,  Belgium,  Bulgaria,  Cyprus,  Estonia,  Greece,  Hungary,  Italy,  Latvia,  Lithuania,  Luxembourg,  Malta, Romania, Slovenia  and  Spain  have  ratified  the  constitutional  treaty  Spain  and  Luxembourg  also  help  referendum  with  large  majorities  in  favour. Finland, Germany  and Slovakia  have  completed  parliamentary  procedures  required  for  ratification. It is  hoped  the  Berlin  Declaration  will  provide  the  impetus  for  reaching  a  consensus  on  the  impetus  for  reaching  a  consensus  on  the  fate  of  the  European  Constitution. Although the declaration  does  not  mention  the  treaty  by  name,  it  does  aim  for  a  “renewed  common  basis”  in  time  for  the  European  Parliament  elections  in  2009.

2.2 The necessity  for  treaty  establishing  a  Constitution  for  Europe The accession  of  new  Member  States  necessitated  a  revision  of  the  EU’s  institutional  structure. Burning questions  concerned  the  method  of  weighting  votes  in  the  Council  of  Ministers  to  that  of  qualified  majority  voting,  and  the  composition  of  the  Commission. Compromises were  reached  in  Treaty  of  Nice,  but  it  was  clear  that  these  were  not  long-term  solutions. Moreover, other  fundamental  issues  needed  to  be  dealt  with  issues  such  as  the  competences  between  the  EU  and  the  Member  States,  the  binding  quality  of  the  Charter  of  Fundamental  Rights  of  the  EU,  the  simplification  of  the  treaties  and  the  role  of  national  parliaments  were  designated  as  key  issues.

2.3 Basic preparations  of  treaty  establishing  a  Constitution for  Europe A. Aims of  the  Union The aims of the EU, according to the TCE are made explicit: -	Push peace, its values and the well being of its people. -	Maintain freedom, security and justice. -	Solid 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, respect for linguistic and cultural diversity. In its relations with the wider world the Union’s objectives are: -	Support and promote its values and interests. -	To contribute to peace, security, the sustainable development of the Earth. Solidarity and mutual respect among people. -	Free and fair trade. -	Destroy poverty and the protection of human rights, in particular the rights of the child. Strict observance and development of international law, including respect for the principles of United Nations Charter. B. Values of  the  European  Union The list  Union’s  values  finding  to be :  respect  for  human  dignity,  freedom,  democracy,  equality,  the  rule  of  law  and  respects  for  human  rights,  including  the  rights  of  persons  belonging  to  minorities. This is  new  list. A similar  list  of  fundamental  values. Previous Treaties  did  not  contain  a  description  of  “society”  in  the  Member  States. The Constitutional  Treaty  describes  this  society  as  being  characterised  by  pluralism,  non-discrimination,  tolerance,  justice,  solidarity  and  equality  between  woman  and  men. C. Charter of  Fundamental  Rights  of  the  European  Union The Charter  is  not  a treaty  or  legal  document  and  has  the  ambiguous  value  of  a  “solemn  proclamation”  by three  of  the  Union’s  most  important  institutions. It text  is  mainly  in  harmony  with  the  Universal  Declaration  of  Human  Rights  and  the  European  Convention  on  Human  Rights,  and  therefore  can  be  taken  as  a  confirmation (by  the  Council,  Commission  and  Parliament)  of  the  pre-existing  rights  contained  therein  while  adding  widely-accepted  principles  such  as  the  ‘right’  to  good  administration  workers’  social  rights. The TCE  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. D. Asylum and  Migration The Union  will  develop  a  common  policy  on  asylum,  it  will  include  subsidiary  and  temporary  protection  as  already  stipulated  in  the  Treaty  of  Amsterdam  and  will  also  develop  a  common  immigration  policy  aimed  at  ensuring,  among  another  things,  the  efficient  management  of  migration  flows. The Union will  introduce  an  integrated  management  system  for  external  borders. The measures  connected  with  migration  and  asylum  policies  are  to  be  adopted  by  a  qualified  majority.

E. Common Foreign and Security Policy (CESP) The Common  Foreign  and  Security  Policy  will  be  extended. At the  core  of  the  Union’s  new  post  of  Union  Minister  for  Foreign  Affairs,  who  also  chairs  the  Council  of  Minister  for  Foreign  Affairs  and  acts  as  one  of  the  Vice-Presidents  of  the  Commission. The Minister  will  be  assisted  by  the  European  External  Action  Service,  comprising  officials  from  the  Commission,  the  General  Secretariat  of  the  Council  of  Ministers  and  seconded  diplomats  from  the  Member  States. Decisions on  the  CESP  will continue  to  be  adopted  largely  on  a  unanimous  basis. Particular progress  has  been  made  in  the  area  of  justice  and  home  affairs. Measures include  introducing  joint  protection  of  external  borders,  facilitating  cross-border  police  cooperation  and  improving  transnational  law  enforcement. In this  aspect,  the Europe  will  develop  into  a  coordination  centre  for  national  public  prosecution  offices,  which  is  to  eventually  form  the  nucleus  of  a  European  Public  Prosecutor’s  Office.

2.4 The good  reform  of  Treaty  on  a  Constitution  for  Europe The Union’s  usefulness  will  be  enhanced  by  far-reaching  institutional  reforms. According to  the  new  system,  Council  decisions  will  be  adopted  if  55  percentage  of  states  representing  at  least  65  percentage  of  the  EU  population  are  in  favour. Unlike the  complicated  vote-weighting  system  of  Nice  Treaty  with  its  high  decision-making  thresholds,  the  double  majority  facilitates  the  formation  of  constructive  majorities  and  helps  prevent  blocking  minorities. The scope  of  application for  the  qualified  majority  will  be  extended. The Constitution  also  reinforces  democracy  and  the  protection  of  Fundamental  rights. It expands  the  role  of  the  European  Parliament,  ensures  the  greater  direct  involvement  of  national  parliament  in  the  European  legislative  process  and  incorporates  the  Charter  of  Fundamental  Rights  into  the  Treaty. The Commission  President  is  to  be  elected  by  European  Parliament  in  accordance  with  the  Constitution,  thus  ensuring  the  democratic  legitimacy  of  the  person  in  question. Finally, the  Constitution  make  the  Union  more  transparent  and  more  comprehensible. It lends  the  Union  and  the  Member  States  by  involving  the  national  parliaments  directly  in  the  European  legislative  process  and  granting  them  an  individual  right  of  action  in  the  event  of  a  dispute.

3.	CRITICAL CONTENTS Particularly, it concerned critical opinion of the European parliament: 	Fact, that it does not publish account tribunal error and for enabling estimate of progress (headway) performed by commission indices (indicators) equal, as well as states –members. 	In certificating credibility for principles of appropriate managements lack that reference finance ( economy, efficiency, efficiency ) 	Lack exhausting (peter out) description met problem

4.	RATIFICATION PROCESS

In order  to  enter  into  force,  the  Constitutional  Treaty  must  be  ratified  by  all  signatory  States  in  a  line  with  the  procedures  laid  down  in  their  respective  constitutions. Ratification may  be  a  parliamentary  procedure  or  a  matter  of  referendum. To date,  15  states  have  ratified  the  Constitutional  Treaty  ( Lithuania,  Hungary,  Slovenia,  Italy,  Greece,  Slovakia,  Spain,  Austria,  Germany,  Latvia,  Cyprus,  Malta,  Luxembourg,  Belgium  and  Estonia). Finland intends  to  ratify  the  Treaty  within  the  term  of  its  Presidency. The people  of  France  and  the  Netherlands  have  rejected  the  Treaty. The remaining  Member  States  ( Poland,  the  Czech  Republic,  Ireland,  Denmark,  Sweden,  Portugal  and  the  United  Kingdom)  have  postponed  the  ratification  process.

Analysis of  the  referendum  in  France  and  the  Netherlands  showed  that  the  decisive  reasons  for  the  rejection  were  not  the  changes  to  applicable  law  in  the  Treaty,  but domestic  policy  issues  and  general  European  policy  concerns.

On 16/17  June  2005  the  European  Council  agreed  that  the  ratification  process would  go  ahead,  albeit  at  a  pace  suited  to  the  needs  of  the  individual  Member  States. The delay  occasioned  by  the  “no”  votes  in  France  and  the  Netherlands  was  seen  as  an  opportunity  for  reflection. Member States  were  encouraged  to  use  the time  to  engage  in  intensive  debate  on  the  issue  of  European  integration,  in  which  citizens,  civil  society,  social  partners,  national  parliaments  and  political  parties  might  all  participant.

The map about ratification  of  countries

5.	DEVELOPMENT TREATY  ON  A  CONSTITUTION   FOR  EUROPE

5.1 Convention The convention,  under  the  chairmanship  of  the  former  French  President  Giscard’s  Estaing,  was  largely  based  on  the  model  of  the  previous  Convention  for  the  Fundamental  Rights  of  the  EU. Apart from  a  Presidium,  which  consisted  of  15  member  and  from  which  the  chairman  and  two  vice-chairmen  were  appointed,  the  Convention  was  also  made  up  of  a  representative  from  the  government  of  each  of  the  Member  States,  two  representatives  of  the  European  Parliament  and  two  representatives  of  the  Commission  accession  were  equally  represented  as  the  Member  States. Every member  had  a  substitute  who  also  participated  actively  in  the  work  of  the  Convention. A number of  observers were  attached  to  the  Convention. The working  method  of  the  Convention  was  open  and  transparent. All relevant  documents  were  placed  on  the  Internet. A publicly  accessible  virtual  forum  was  established  for  input  from  civil  society  organizations. The convention  and  its  chairman  set  their  ambitions  high. The convention  started  its  work  on  28  February  2002. On 20  June  2003,  its  chairman  presented  the  text  of  a  draft  Constitutional  Treaty  to  the  European  Council  in  the  Thessaloniki,  the  final  draft  was  handed  over  to  the  Italian  Presidency  on  18 July  2003. 5.2 The Intergovernmental Conference (IGC) The Italian  Presidency  opened  the  Intergovernmental  Conference  on  4  October  2003. At an  early  stage  of  the  held  IGC  in  Brussels  from  12-13  December  2003,  it  became  clear  that  no  agreement  was  feasible. It was  impossible  to  find  a  solution  for  several  important  issues  such  as  the  weighting  of  votes  in  the  Council  of  Minister,  the  application  of  qualified  majority  voting  and  the  shape  of  European  Commission. A sense  of  urgency  sparked  by  the  terrorist  attacks  in  Madrid  in  March  2004  produced  an  increased  determination  to  reach  agreement  on  the  text  under  the  Irish  Presidency  at  the  meeting  held  in  Brussels  from  17-18  June  2004. On the  basic  of  a  position  paper  drawn  up  under  the  Italian  Presidency  and  subsequent  preparatory  work  of  the  Irish  Presidency  agreement  was  finally  reached. The Constitutional  Treaty  was  signed  in  Rome  on  29  October  2004. 5.3 Remark  development  of  Treaty  on  a  Constitution for  Europe The development  of  the  EU  treaties  is  a story  of  selective  delegation  of  political  and  administrative  powers  by  the  governments  to  the  Commission. When signing  treaties,  government  can’t  predict  the  precise  implication  of  treaty  provisions  and  new  decision-making  rules,  or  exactly  how  the  Commission  will  behave  when  granted  new  powers. For example,  few  member  states  understood  the  implications  of  the new  decision -making  rules  in  the  Treaty  of  Rome  and  the  Single  European  Act (Tsebelis  and  Kreppel,  1998). Moreover, in  the  above  discussion  of  the  theories  of  executive  power,  once  certain  powers  have  been  delegated  through  this  mechanism,  they  are  unlikely  to  be  overturned  in  subsequent  treaty  reforms  as  at  least  one  member  state  will feel  that  they  benefit  from  Commission  discretion. This leads  to  long  term  ‘unintended  consequence’  of  delegation  by  the  member  states  by  the  member  states  and  bureaucratic  drift  by  the  Commission (Pierson,  1996). However, the  history  of  treaty  reform  in  the  EU  suggests  that  the  member  state  government  learned  from  past  mistakes. With the  extensive  delegation  of  agenda-setting  to  the  Commission  in  the  Single  European  Act,  the  member  states  experienced  the  day  to  day  implications  of  these  powers  in  the  construction  of  the single  market. As a  result,  in  Maastricht,  Amsterdam  and  Nice,  the  governments  were  more  reluctant  to  hand  over  agenda-setting  in  new  or  highly  sensitive  policy  areas,  and  reformed  the  legislative  procedures  to  restrict  the  agenda-setting  powers  of  the  Commission  in  those  areas  where policy  initiative  had  already  been  delegated  to  the  Commission. 6.	WHO DRAFTED IT? The TCE took as its starting point the codification of the EU’s two primary existing treaties, the Treaty of Rome of 1957 and the Maastricht treaty of 1992, as modified by the treaties of Amsterdam (1997) and Nice (2001). The current debate on the future of Europe is often said to have begun with a speech made by German Foreign Minister Joschka Fischer in Berlin in 2000, calling for a debate on the finality of European integration. The process started following the Laeken declaration in December 2001, when the European Convention was established to produce a draft of the Constitution, headed by former French President Valer’ry Giscard d’Estaing. The “Draft Treaty establishing a Constitution for Europe” was published in July 2003. After protracted negotiations during which disputes arose over the proposed framework for qualifed majority voting, the final text of the TCE was settled in June 2004 under the Irish Presidency. 7.	THE CONSTITUTIONAL CONVENTION The proposed  amendments  to  the  European  Constitution  was  the most  controversial  contents. The TCE’s  rejection  by  France  and  the  Netherlands  sent  shock  waves  through  the  European  establishment  since  these  countries  had  been  regarded  as  committed  members  of  the  European  project. The failure  of  the  TCE  to  win  popular  support  in  those  countries  forced  a  re-examination  of  the  constitutional  question. Four options  present  themselves. One is  to  do  nothing  for  the  time  being  in  order  to  allow  the  dust  to  settle:  this  seems  to  be  position  favoured  by  the  United  Kingdom  and  German. A second  is  to  attempt  to  persuade  opponents  to  accept  the  TCE  in  its  existing,  or  substantially  in  its  existing  form:  this  appeared  to  be  the  ambition  of  Austria  during  its  presidency  of  the  Union,  but  it  was  persuaded  that  this  was  unrealistic. Another is  to  re-draft  the  TCE  comprehensively  so  as  to  make  it  more  palatable:  however,  there  presently  appears  to  be  no  desire  in  any  country  to  start  from  scratch.

8.	WHAT’S ITS FUTURE

8.1 What is the status of the constitution at present? It is  on  hold. It has  been  fully  ratified 15  of  the  27  member  states,  and  nearly  ratified  by  two  others. But it  cannot  into  force  unless  it  is  ratified  by  all  27-and  two  have  rejected  it. 8.2 Do all member states want a European constitution? No. The British, Czech and Polish governments say the EU has been able to work quite well without it. British officials say that it would be good to streamline some of the EU institutions, but that this could be done by tinkering with existing treaties, rather than replacing all earlier treaties with a big, ambitious constitution. 9  CONCLUSION

The Treaty of European Constitution anticipated confirming Union identification international scene. Also projected motivate steady and gradually social and economy advance, particularly created economy and money union. Implicit develop solid cooperation correctness and inside dealing area. Also anticipant consolidate state member’s citizenry legally and interests security. Anticipant to hold legal system integrity. The Treaty of European Constitution unformed a new federal or Union, only connector one Treaty different normal cooperation forms. The Treaty of European Constitution – difficult law act. It is not easy to understand separate Treaty text and used, because Treaty of European Constitution have a new Constitutional regulations, European Community establish contract corrective. LIST OF SOURCES

	http://europa.eu.int/constitution/en/allinone_en.htm 	http://europa.eu/constitution/index_en.htm 	http://www.unizar.es/euroconstitucion/Treaties/Treaty_Const.htm 	http://www.euractiv.com/en/agenda2004 	http://www.konstytucjaue.gov.pl/