Solidarity clause[ edit ] The new solidarity clause of the TCE specifies that any member state which falls victim to a terrorist attack or other disaster will receive assistance from other member states, if it requests it.
Extract from the Presidency conclusions of the cologne European Council on 3rd and 4th JUNE The subject of a "Constitution for Europe" has become a highly topical one, more and more debated.
It is sometimes seen in the comparative light of the constitutional process which took place in the United States of America some two hundred years ago, and which was about the creation of one State, one Nation, one People. Along the same lines, some think that a "European Constitution" should be adopted as a basis for the establishment of a future European Federal State.
Among those - more numerous - who do not think that the European Union EU should become a "United States of Europe", such a Constitution is sometimes seen as either necessary or desirable, in order to give more legitimacy to the EU. Does this imply that the EU already has a "Constitution"?
Is this "Constitution" similar to the Constitution of a State? If that is not the case, how could it be transformed in such a way? And if that does not look desirable or feasible, how would it be possible to improve the constitutional features of the European Union's founding Treaties?
In very simple terms, the present situation might be described as follows: The EU has law-making institutions, including a Council composed of Ministers who are members of national governments of the Member States, and a directly elected European Parliament.
The Council and the Parliament share the power of co-deciding legislative, administrative and budgetary acts, which are proposed by the Commission. The Commission, which exercises the powers conferred on it by the Council for the implementation of Community law, also ensures that this law is applied and may take a Member State to Court if it fails to fulfil its obligations.
The Parliament shares with the Member States the power to approve the appointment of the President of the Commission and of the Commission as a whole; the Parliament also has the power to remove the Commission from office.
The laws adopted by these institutions within the fields of power of the EC are superior to the laws of the Member States and may have direct effect on the citizens of the Union. The Union has a single market and manages a single currency and monetary union for most of its Member States.
There are a number of fields for which the Member States have lost power to adopt legislation or to negotiate international agreements. There are other fields where "laws" regulations and directives or treaties can be imposed on the Member States and which they are obliged to implement, or else being faced with having to make lump sum or penalty payments, as well as paying compensation to adversely affected people.
The Court of Justice has the power to rule on disputes between the institutions, between institutions and Member States about the extent of their respective powers, and on the rights and obligations of Member States and citizens under European law.
This "new legal order" is embodied in fundamental texts which define these institutions and their powers, and oblige them to respect the rule of law and human rights. Do these fundamental texts, which have been adopted by the governments of the Member States and approved by their peoples through referenda or through their elected representatives, form a "Constitution" 2?
But what is a Constitution? Let us look up the definition of what a Constitution is, in a standard law dictionary. That should help us to make sure that our analysis, at least at its point of departure, is as objective and scientific as possible.WHAT THE EU CONSTITUTION DOES “In Europe one needs to act 'as if' - as if what was wanted was little, This is a point summary of the proposed European Union Constitution which is contained in the Treaty Establishing a Constitution for Europe that was signed in October.
Assuming this to be true, there should be a thorough debate on the relevance and viability of the de facto current constitution of the European Union. The Treaty establishing a Constitution for Europe (TCE; commonly referred to as the European Constitution or as the Constitutional Treaty) was an unratified international treaty intended to create a consolidated constitution for the European Union (EU).
Among those - more numerous - who do not think that the European Union (EU) should become a "United States of Europe", such a Constitution is sometimes seen as either necessary or desirable, in order to give more legitimacy to the EU.
History of the Treaty of Constitution for Europe – TCE: The establishment of a Treaty of Constitution for Europe (TCE) was a treaty attempting to create a solid constitution for .
Matej Avbelj’s contribution ‘Now Europe Needs a Constitution’ is surely right in its diagnosis that constitutionalism must play a role in the re-generation of the EU.
The gulf between the EU’s leaders and its population, and between distinct groups of EU states, is wider than it has ever.