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Analysis of the Integration Process (II) - Stage 7
From the convention to the process of ratifying the Constitution
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A convention as a new method of preparing a Treaty revision |
One of the most interesting aspects about this new attempt at finally reaching a solution on some of the most pressing issues before enlargement took place, was the special way chosen. A convention was convened for preparing the draft for a constitution. As we have already determined from the previous stages, Treaty revisions were always discussed and prepared exclusively by the governments of the member states. This time, however, discussions and preparations were going to take place within a larger framework encompassing representatives from Brussels as well as the member states. The following illustration shows this in more detail.
Given that concentrating on national interests is in the very nature of intergovernmental conferences, the idea behind this new approach was to create a framework in which it was possible to end this and the deadlock associated with it. Indeed, this idea had already proven its credentials excellently during discussions on the European Charta of Fundamental Rights.
Not only that, set against the new aims of the Treaty revision, namely democratisation, deregulation, becoming closer to the people and simplifying existing EU law (aims formulated in the so-called Laeken Declaration on the future of the European Union), it seemed essential to engage in wider public discussion.
In the years following the ratification of the Treaty of Maastricht it had become increasingly obvious that citizens in member states were less and less prepared to simply acknowledge EU policies without being able to contribute to them actively.
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Work of the convention |
Chaired by the former French president, Giscard d’Estaing, and two vice-presidents, this Convention encompassed 15 representatives from states and governments (one representative for each member state), 30 members from national parliaments (2 for each member state), 16 members of the European Parliament and 2 representatives from the Commission - it convened for the first time on 1st of March 2002. Observers also attended the meetings; three representatives from the Economic and Social Committee, three representatives from the European social partners, six representatives from the Committee of the Regions and the European Ombudsman.
The Council was informed of the the progress of the Convention's proceedings. The Convention Chairman gave an oral progress report at each European Council meeting, thus enabling Heads of State or Government to give their views at the same time.
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2002-2003: Convention meetings
End of 2003: Intergovernmental conference |
This was the size and composition of the Convention for its meetings from the 28th of February to the 20th of June 2003, where it set about preparing a draft for a European constitution.
The intergovernmental conference then took place on the 4th of October 2003 under Italian Presidency tasked with debating and reaching agreement on the constitution before the summit meeting in Brussels on the 13th of December 2003. Although hopes were high, it was not possible to reach agreement. The reason was deep-seated differences of opinion on the composition of the Commission and the distribution of votes for decisions based on qualified majority voting. Perhaps you can remember the heated exchanges between Spain and Poland on one side and other countries led by Germany and France on the other. But what was the main crux of the problem? I think here would be another good opportunity to show you again the illustration that we have already taken a look at in Stage 6.
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National interests as a central determining factor |
To view the illustration simply click on the following Link and a new window will open. Once you have finished looking at the illustration, just close the window to return to this page.
The main problem was the number of votes held by Spain and Poland, which in comparison was too high and which the two countries wanted to maintain. As far as the Commission was concerned, the main stumbling block was the question as to which countries would be able to send a commissioner and what intervals would apply when, following the membership of Bulgaria and Rumania, there would be fewer commissioners than member states.
To this end, then, the dispute was about and continues to be about the most significant influencing factors on development, namely national interests (we will come across this issue again in Basic Course 5 when we address enlargement) . It is about the desire of individual states to have as much influence as possible within the EU system and the fear of losing influence. Indeed, this factor is always at its most negative when nations are required to find supranational solutions and to surrender powers for compelling functional reasons and when some individual states are unable to do so.
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October 2004: Signing of the Constitution |
At the beginning of January the Irish Presidency undertook a new attempt at guiding the negotiations to a successful conclusion in June 2004. Remember: on the 1st of May 2004 the largest enlargement of EU would take place and would see another 10 members states joining the Union. And one of the most central projects, the Constitution, remained unresolved.
An agreement was finally reached following extremely difficult discussions on the 18th of June 2004. The new constitution was signed by heads of state and government and their foreign ministers at the end of October 2004 in the same location as the Founding Treaty of the EEC almost 50 years previously. Here is a photo of the event.
The accession candidates of Bulgaria, Rumania and Turkey only signed the final act. Croatia participated as an observer only, because it had not played a part on working on the constitution.
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November 2004: Barroso Commission takes up office |
Then, slightly later than planned, the Barroso Commission started work in November 2004 along with the new institutional rules for a Union now made up of 25, or rather 27 members. These new rules included changes to the weighting of votes in the Council of Ministers and the fact that each country was now allowed to send one Commissioner only.
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Ratification process for the Constitution |
Ratification of the Constitution by the 25 member states also began in November 2004, mostly through parliamentary process but also through the process of referendum. The first country to ratify was Lithuania in mid November 2004 (parliament), followed by Hungary (parliament, 20th of December 2004), Slovenia (parliament, 01.02.2005), Italy (parliament, 06.05.2005), Greece (parliament, 19.04.2005), Slovakia (parliament, 11.05.2005), Spain – the first country to ratify through referendum – (76.73 %: Yes; 17.24: no; turnout = 42.32%; confirmed by parliament on 19.05.2005), as well as Austria (parliament, 25.05.2005) and Germany (parliament, 27.05.2005).
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The European Constitution project, however, was soon to be hit by two big setbacks that would probably mean that it would no longer be possible to ratify the Constitution in its current form. The first setback was the referendum in France on the 29th of May 2005 where a clear majority of 54.87% (No) to 45.13% (Yes) voted against the Constitution set against a surprisingly large turnout of 69.74%. This was followed just days later by another "No" vote in the Netherlands in which 61.8% voted No and just 38.2% Yes. And this in two of the EEC's founding-member states!
Thus the electorate had switched the lights to red and ordered governments to stop. It was no longer prepared to let the EU carry on as it had been doing and proceed to the order of the day. A clear majority voting "Yes" in the Luxemburg referendum would do nothing to change this situation.
Two questions arise from this. Firstly, the reasons behind the rejection of the Constitution and, secondly, the consequences. We will be addressing these questions in the next chapter, Stage 8. |
[Author: Prof. Dr. Wolfgang Schumann]
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