 | In June 2003, the Forum’s Steering Committee decided that, when the Convention on the Future of Europe agreed on a draft Constitutional Treaty for Europe, the Forum should produce a user-friendly summary, which would seek to set out the main elements in plain language that could be understood by the citizen. To help in this, it was agreed that the summary should have, with it, a glossary that would define and explain the more difficult ‘Euro-jargon’ phrases or words in the draft Treaty. The Forum launched its Summary in September 2003. This revised edition takes into account the changes to the text of the draft Constitutional Treaty that emerged from the Intergovernmental Conference (IGC) on 18 June 2004. The formal title of the Treaty is the 'Treaty establishing a Constitution for Europe'. However, the document is more commonly known as the European Constitution. |
The European Constitution, if ratified by the Member States, will replace treaties accumulated over fifty years with a single, new text, that is much more clear and readable.
The core of the summary is divided into four parts, corresponding to Parts I-IV of the underlying Constitution:
Part I
is the core constitutional part. It defines the Union - its values, aims, powers, citizenship, decision-making rules, budgetary arrangements and institutions. It also contains provisions on joining the Union, suspension from it and withdrawal from it.
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Part II
incorporates the Charter for Fundamental Rights, designed to protect citizens against EU laws that might infringe their basic rights. Up to now, the Charter has had no binding legal force: once the Constitutional Treaty takes effect, the Charter would have such force.
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Part III
consolidates the Articles from previous treaties dealing with the Union’s policies, into a single Constitutional Treaty i.e. the European Constitution. It also gives more detail than Part I in regard to the institutions, policy in the area of justice and home affairs, foreign policy, financial arrangements and decision-making.
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Part IV
sets out how Member States may go about ratifying and amending this new Constitutional Treaty.
A number of binding protocols are appended to the Constitution, including on principles as to when and how far the Union should take action within the domains where it shares powers with the Member States; and the future role of the National Parliaments, including as guardian of those principles.
A number of protocols and declarations are relevant to Ireland. These include the protocol relating to Article 40.3.3 of the Irish Constitution protecting the life of the unborn; the protocol and declaration relating to free movement, asylum, immigration and judicial co-operation; and the protocol on economic and social cohesion.
The legal effect of acts, agreements, declarations and resolutions or other positions adopted by Council are preserved in the European Constitution, including the "Seville Declaration" of 2002.
constitution_summary.pdf (2706 KB)