European Constitution

Why is a written constitution needed for the European Union ?

First, because of the need for more openness and understanding about how laws and decisions are made in Brussels. The rules were made in 1956 for an EEC of only six countries, but next year the EU enlarges to 25 member states. Several extra treaties have been added since 1956 and make it obscure.

Having 25 member states will make decision-making more complicated in the executive Commission, in the upper-house Council of Ministers, and in the lower-house European Parliament. There has been a lack of democratic legitimacy. The public cannot change the decision-makers in Brussels as we can change our government here at home once every five years.

Second, a new Constitution is needed because there are new political problems to solve across Europe. The single trading market is being obstructed - by France which is blocking competition in the energy market, and by Germany which is blocking liberalisation of company takeovers. Other vital decisions failed to be made - to deal with genocide in Bosnia, to agree a clear voice on Iraq, and to control mass immigration which threatens to overwhelm every European country.

These are Europe's problems. What does the draft Constitution contain which helps to solve them ?

First, it is a single simplified document rather than a pile of treaties. Second, it incorporates Fundamental Rights for every person, which will give an enforceable method of ensuring the rights everywhere on which getting a fair trial depends. Next, it reconfirms that all EU powers are derived from the member states. Next, there is a clearer list of competences - who will decide what - which are set out as "EU exclusive" (such as monetary and commercial policies, and customs), "shared" (such as social policy, justice, transport, energy, and asylum), or "supported by the EU" (such as taxation, defence, and foreign policy). The primacy of EU law is reconfirmed.

In the EU's upper house, there will be a President of the European Council, but with a limited role. All legislation will be passed in public in the Council of Ministers, as it already is in the European Parliament. National parliaments will be better informed about proposed EU laws. They get a right to look for review, but not to block EU laws. Majority Voting among the states will be the general rule in the Council of Ministers, notably in new policy areas dealing with crime, asylum, and migration.

  The Commission, which does the day-to-day EU work, will have only 15 voting members who will serve for five years. The other states will have non-voting commissioners, based on rotation between all the states. Its President will be elected by the MEPs.  

There will be mutual aid against terrorism and an optional defence clause. There will be a single Foreign Minister, incorporating the staff and the responsibilities of both the Commission and the Council of Ministers.  

Any individual country will have the right to withdraw from the EU.  

There will be an enlarged EU competence in civil law - with new EU "crimes", oversight of legal and criminal systems by means of peer review, and a Public Prosecutor to deal with EU fraud.  

If you would like to read the whole draft Constitution, from beginning to end, go to the internet at http://european-convention.eu.int/  

Unresolved questions will remain. The 2006-2012 financial agreement among the EU states about who pays, and who receives the money ? How much will the 'old' EU members lose? Will their present 1.27% GDP ceiling of inpayments have to be raised ? Is it realistic to decide these things by unanimity of 25 countries instead of by majority voting ?

  The problem of the lack of truly European public opinion, and whether there will be enough democratic "glue" to keep Europe together in a crisis.

  Will the ten new member states and future applicants reach acceptable standards with their legal and administrative systems ?  

Will Europe have an independent  or a follow-America foreign policy ? Multi-lateralism through the United Nations, or unilateralism ? And where will Britain stand : semi-detached with fading influence, or starting to lead the European pack?