ࡱ> 8:7 $bjbj 7 $ m))))   $eR     ))' F)) )Sy]fF=0mYYY,          m    Y          : taking a little constitutional Baron Frankal The European constitution. An evocative word defined as a body of fundamental principles according to which a State etc. is governed. The key word, unusually, is etc because the EU, is not, or not yet, a state. Will the constitution make it one ? A real constitution might, but not this. Not only is this not a constitution, its not even called a constitution, and by lazily labelling it one, journalists do us a diservice. It is in fact the Treaty establishing a Constitution for Europe subtly, but crucially, different. Like Rome, Maastricht, Amsterdam and Nice before it, its a treaty. No more, no less. Its quite a good treaty too, going some way to making the union more effective, transparent and democratic. Youll need to pay an expert quite a lot of money to explain the current three pillars structure. Now, there will be just one legal personality and one treaty, and for the first time, a country will be able to leave the eu if it wants. Parliament is strengthened a bit, the Commission grows and then shrinks (in 2014, maybe) and there are two new faces: a full-time Council president and the so-called foreign minister, both highly-sensible developments ending the travelling circus of the rotating presidency where the unions aims and the chairing of hundreds of committees change every six months. Finally, a double majority is introduced into the voting system, taking countries populations into account. Thats about it. More than just a tidying-up exercise, but not all that much more. Is it a constitution? Whatever entity the union is, the new treaty will indeed be its small c constitution, and it does look a little like one: with its rational organisation, commentary on citizenship, limitation of powers and incorporation of a pseudo-bill of rights. Also, like the American Constitution, it has to be ratified by every Member State. It is also true that the treaty is designed to last longer than its recent predecessors, using passerelle clauses (which allow things to change without a new treaty) and allowing more enhanced co-operation, i.e. when a small group of Member States forge ahead. Just because its called a constitution however, it doesnt make it so. All previous treaties were small c constitutions and needed unanimous ratification too, and the durability measures are innovation not revolution, and much needed innovation too. Its all shades of gray. At some point dark gray must become black, but this isnt it. The vast majority of sovereign powers remain with the Member States, who in the treaty gain appreciably more control of the unions machinery; intergovernmentalism as we call it in the trade. How then did it come to be called a constitution at all ? Its something of a mystery, the word emerging in the Laeken Declaration after Nice (wake up!). There, the French refused to allow the Germans (with a population 25% bigger) more votes than them. After a long night the Germans gave in, on condition that there should be a super-Treaty, which wouldnt have to be changed every few years. And here we are. In itself, it was a good idea; however the treaties are rather like the No. 5 bus: you wait four decades for one, and then three come along at once. By Nice, everyone was thoroughly fed up with the difficult process of ratifying these things, and so the wisdom of now having to ratify yet another is at least questionable. Its the timing, stupid. Will it ever come into force ? There really is no plan B. Referenda in at least ten countries will be a formidable hurdle, particularly in France, Holland and Poland, but the general feeling is that apart from in the UK, everyone will ultimately see the benefits and vote yes. As for London, no-one wants the single markets powerhouse to leave the eu, nor does the UK want to leave, but sometimes you just have to make a choice. And if the wrong choice is made, well, then theres little doubt that everyones clever lawyers will find some solution that keeps the eu doing what its doing. Plus a change. First published as when is a constitution not a constitution ? When its a treaty in the budapest sun, 9 september 2004, HYPERLINK "http://www.budapestsun.com/cikk.php?id=14970"http://www.budapestsun.com/cikk.php?id=14970 bdqrs P R f l I U giq :C !%#'>@!ſſſſŤhW@hKv?0J6hW@h>o6jhW@h>o6UhW@hKv?6hKv?htCJmH sH  hKv?CJ htCJ h>oCJ h>o5CJh 'hW@6CJaJh 'hW@5CJaJ hW@5CJ ht5CJ h_<5CJ4rs hi?@$ $da$gdW@ !"#$hW@ht6CJhW@hKv?6jhW@h>o6U5 01:pW@. 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