1. from Rome, 1957 to Nice, 2000
The Treaties of the European Union - is it time for a single constitution?

2. A single Constitution? The Convention on Europe
A preliminary draft Treaty has just been published, October (
its purpose: to propose a new framework and structures for the European Union which are geared to changes in the world situation, the needs of the citizens of Europe and the future development of the European Union.
an innovation as it has not been done before
created following the Laeken European Council in December 2001
it brings together representatives of governments, national parliaments, the European Parliament and the European Commission.

3. A Constitution? The purpose of a constitutions:
it is a selection of legal rules, governing the government of that country. It is the basic law of the state.
it defines the functions and powers of public authorities
it governs the more formal political procedures and relationships
it enunciates the basic rights and duties of the citizens
A constitution is regarded as the fundamental law of the state and ‘a kind of higher law’ but it is only a part of the whole system of government.

4. The Rome Treaty: was it a Constitution
Community treaties were not written as a constitution. Several things were omitted which a constitution would have stated:
taken for granted that only democracies could be Member States
fundamental human rights were not mentioned
defence is not in the Treaty
powers between the Community and its member states are not explicitly allocated; rather, the Community was given powers to achieve certain objectives.
Several things were omitted which a constitution would have stated: - taken for granted that only democracies could be MS
- fundamental human rights are not mentioned
- nothing is said of defence ( all MS were in NATO)
powers between the Community and its member states were not explicitly allocated; it didn’t say when Community action is appropriate - Community was given powers to achieve certain objectives; no ultimate legal limits fixed.. on the road to an unknown destination
Copenhagen Criteria: 1993:
prove their respect for democratic principles, rule of law, human rights and the protection of minorities
Functioning market economies, able to cope with competitive pressures and market forces of EU
Taken on the Acquis, the obligations of membership, incorporate into national legal system all laws agreed by EU

5. Rome Treaty - open-ended!
As John Temple Lang points out - ‘the Statesmen who founded the European Community… wrote a treaty which in due course was intended to convert itself into a constitution’ (Lang P. 124)
The Court of Justice - has described the treaties as the “constitutional charter” of the Community
The Rome Treaty has been described as a ‘framework treaty’

6. Developments since 1957
over the period of time certain principles have been developed in the Court of Justice’s case law and subsequently embodied in new treaty provisions when the opportunity arises:
e.g. fundamental rights: (Article f(2) Maastricht Treaty)
ECJ decided that fundamental principles of human rights were part of Community law which it was the Court’s duty to apply… these being derived from the European Convention of Human Rights and from national constitutional laws

7. Developments since 1957 ‘Subsidiarity’ : Article 3B Maastricht Treaty
the question of who does what - this principle was stated in the Maastricht Treaty for the first time and was a response to the unease that the EU was taking on tasks which could be done more efficiently at the national level
this is still a contested area, the balance between Brussels and the member states still gives rise to debate; note the debate in the National Forum on Europe, Dublin October 2001
Taoiseach’s contribution would be based on "three very simple facts": firstly, Ireland's membership of the EU had been of immense benefit to Ireland and the EU itself; second, that Ireland's future economic and social wellbeing was "absolutely dependent" on full and committed membership of the EU; third, that the EU must continue to grow in membership and institutional capacity "and above all in terms of its relevance to the lives of its people. (IT Oct 18, 2001, D.de Breadun)
‘The Future of Europe debate is just starting and Ireland should, I feel, be open and creative in its approach. We have already agreed that this debate will discuss: 
- The separation of power between the Union and member states;
- The status of the Charter of Fundamental Human Rights;
- Simplification of the Treaties; and
- The role of national parliaments. ’ taoiseach’s inaugral address, october 2001

8. An EU Constitution?
any new basic text described as a constitution may cause tensions between the member states and probably lead to further fracturing of relationships between national politicians and their respective electorates on the issue of the EU
a shorter, more readable, political document could only come if it contributed to improved popular understanding and acceptance of the Community

9. The ‘unwieldy process of the various treaties’ (Laffan p.19)
Rome Treaty (1957)
Single European Act ( 1987)
Maastricht Treaty (1993)
Amsterdam Treaty (1997)
Nice Treaty (signed December 2000) – (2002)

10. The Rome Treaty, 1957 ‘a framework treaty’ this committed the 6 to
the creation of a common market,
the harmonization of their economic policies, e.g. the establishment of CAP, and
it set out the administrative structure - A Commission, A Council of Ministers, A European Parliament, A Court of Justice …

11. Changes common to all treaty revisions since 1986
institutional changes
policy changes
deepening the integration process
new goals being identified and given treaty status
attempt to clarify ‘who does what’ , i.e. subsidiarity
Institutional changes: European Council… Committee of Regions…Court of First Instance…
Policy changes: Regional policy, education, consumer, ….
Deepening: EMU
New goals: EMU, CFSP, JHA,
1972: Hague Summit: to deepen, to enlarge, to complete… Pompidou
1984: Milan Summit: to make Single Market a reality
1990: Dublin – Germany enlarge, EMU…

12. SEA 1987
The Single Market

13. The Single European Act, 1987
its most important goal: to complete all preparations for the single market by Dec. 1992
it gave the EC responsibility over new policy areas that had not been covered in the Rome Treaty, e.g. environment, research and development, regional policy
it gave new powers to the ECJ, created a Court of First Instance
it gave legal status to meetings of European Council, new powers to the Council of Ministers and the EP
it gave legal status to EPC, foreign policy co-ordination so Member States could work towards a European foreign policy and work more on defence and security
it made economic and monetary union an EC objective and promoted ‘cohesion’

14. Maastricht, 1992
EMU

15. The Maastricht Treaty, 1993
the creation of the European Union - a new label to symbolize a new stage in the process of European integration
time-table for the euro
extension of EU responsibility to new areas: consumer protection, public health policy, transport, education and social policy
greater intergovernmental cooperation on immigration and asylum, creation of Europol, Committee of the Regions and more regional funds for poorer EU states
Common Foreign and Security Policy also introduced under intergovernmental arrangements
new rights for European citizens, the creation of EU citizenship, I.e. the right of citizens of Member states to live where they like in the EU, to stand or vote in local and European elections
European Parliament gets increased powers - co-decision is introduced

16. Amsterdam, 1997 JHA - now part of supranational pillar
Schengen - Treaty status
minimal institutional change
Treaty of Amsterdam was unable to resolve the three crucial questions for the future of the enlarged Community:3 the composition of the Institutions and especially the size of the Commission, the weighting of votes in the Council and the extension of qualified-majority voting related to the co-decision procedure (despite significant progress made in the last area).

17. The Amsterdam Treaty, 1997
matters relating to asylum, visas, immigration and external border controls were made subject to EU rules and procedures (opt-outs for Ireland, UK and Denmark), the Schengen Agreement was incorporated into the EU framework, cooperation between national policy forces was strengthened
policies on employment, sustainable development, human health protection and consumer protection were made formal objectives of the EU and ‘subsidiarity’ was given a new definition
CFSP - to pursue coherent foreign policy, a policy planning unit was established, decision-making procedures were simplified and provision made for a single commisioner to be EU representative on external relations (Javier Solana)
changes were made to institutional practices, changing the co-decision procedure to put EP and Council of Ministers on more equal footing, increased number of policy areas to be subject to qualified majority voting and additional powers to the Court of Auditors and the Committee of the Regions
The Treaty of Amsterdam brings certain areas within the Community legal order, namely policy on visas, asylum, immigration and other policies connected with the free movement of persons. The Treaty stipulates the measures to be taken by the Council with a view to the progressive establishment of an area of freedom, security and justice within five years of its entry into force.

18. The Nice Treaty, December 2000
The fourth European treaty in 13 years.
‘institutional reform’
‘enlargement’
In other words, since 1987 there has been a revision of the Treaties roughly every three years. This is an indication of both the pace of change in the European Union and the difficulty the partners have in keeping up with it.
The issues go to the heart of the balance of power in the EU: a matter of institutional equilibrium and the balance of power between the Member States and between them and the European Institutions. In other words, these are essentially constitutional issues that will affect the nature of the Community enterprise and structure in the years to come.

19. The Nice Treaty, 2000 (‘enlargement’)
Majority voting
Rebalancing votes
The European Commission
Flexibility
Charter of Rights
This Treaty has been now ratified by all states, October 2002, as Ireland has now had its second referendum and it has been passed

20. Proposed changes from Nice negotiations

21. The Reality! The European Union - OR
it exercises a wide range of governance functions
it has a constitutional court with impressive powers of judicial review
is pursuing a common foreign and security policy
an embryonic police force OR
a “Europe of bits and pieces” (Curtin, 1993)
‘ the most highly evolved example of regional integration in the world’ MacCormack, P
States surrender powers to decision-making systems that function beyond the level of the state;
Governance functions:
ECJ
CFSP
Police - Europol