Malcolm Rivera
Europe has produced 24% of the world's constitutional systems since 1789, with the first constitutions in the region being written in Poland and France in 1789. The Treaty establishing a Constitution for Europe (TCE), commonly referred to as the European Constitution, was an attempt to create a consolidated constitution for the European Union (EU). The TCE was signed by 25 member states of the European Union in 2004 but was later rejected by French and Dutch voters in 2005, ending the ratification process. The experience of constitutional government in continental Europe has influenced many countries, including former colonies in the Middle East, Asia, and Africa.
| Characteristics | Values |
|---|---|
| Number of countries with a constitution in Europe since 1789 | 24% of the world's constitutional systems (first constitutions in Poland and France in 1789) |
| Average lifespan of a constitution in Europe | 25.8 years |
| Treaty establishing a Constitution for Europe (TCE) | Signed by 53 senior political figures from 25 member states of the European Union on 29 October 2004 |
| Countries that endorsed the TCE | Spain, Luxembourg |
| Countries that rejected the TCE | France, the Netherlands |
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What You'll Learn
The Treaty establishing a Constitution for Europe (TCE)
The TCE aimed to simplify jargon and reduce the number of EU legal instruments. However, it was a lengthy document filled with technical terms, which proved unpopular with voters in France. The TCE unified legal instruments across various policy areas, previously referred to as pillars of the European Union. Specifically, it renamed 'Regulations' (of the Community pillar) and 'Decisions' (of the Police and Judicial Co-operation in Criminal Matters pillar) as European laws.
The TCE also proposed a new amendment procedure. It suggested that amendments to the Constitution would be drafted by a convention unless both the Council of Ministers and the European Parliament agreed otherwise. A simplified revision process was created for potential changes to Title III of Part III of the TCE, which deals with the internal policies and actions of the Union. These changes could be made through a decision of the European Council, subject to ratification by all member states.
Additionally, the TCE included a new clause providing for the unilateral withdrawal of any member state from the Union (Clause I-60). This clause outlined a process where a country intending to withdraw would notify the Council, and a settlement would be agreed upon with the consent of Parliament. If negotiations were not agreed upon within two years, the country would leave the Union regardless.
Following the rejection of the TCE by France and the Netherlands, EU countries began working on a new treaty, which became known as the Lisbon Treaty. This treaty adopted the amendment procedures proposed by the TCE but focused on amending existing treaties rather than establishing a new constitution.
The Outcome of Ratification: A Historical Process
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The first European constitutions were written in Poland and France in 1789
Europe has produced 24% of the world's constitutional systems since 1789. The first constitutions in the region were written in Poland and France in 1789.
Poland's 1791 Constitution was a response to the increasingly perilous situation in the Polish-Lithuanian Commonwealth, which had been a major European power only a century earlier. The Commonwealth was a dual monarchy comprising the Crown of the Kingdom of Poland and the Grand Duchy of Lithuania. The new constitution was intended to address political questions following a period of political agitation and gradual reform that began with the Convocation Sejm of 1764 and the election of the Commonwealth's last monarch, Stanisław August Poniatowski, in the same year. The 1791 Constitution was in force for less than 19 months and was declared null and void by the Grodno Sejm that met in 1793.
The Polish Constitution was influenced by the American Declaration of Independence of 1776, which affirmed the equality of man and his inalienable right to life, liberty, and the pursuit of happiness. The origins of Poland's 1791 Constitution can also be traced to several remarkable and innovative developments in Polish history. Like the English Magna Carta, the Polish subjects sought to restrict the powers of the crown and protect the rights of the individual. The 1791 Constitution was also influenced by the country's long-standing tradition of parliamentary institutions and a system of checks and balances on state power. This system primarily benefited the Polish-Lithuanian nobility (szlachta) and came to be known as the "nobles' democracy".
The May 1791 Constitution was translated into French, German, and English, and many prominent figures, including Thomas Paine and Edmund Burke, praised Poland's progressive thinking and democratic spirit. The constitution was also influenced by enlightenment principles, which gave primacy to reason, law, freedom, and religious tolerance.
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The EU's principle of subsidiarity
The principle of subsidiarity is a concept in social organisation that holds that social and political issues should be dealt with at the most immediate or local level that is consistent with their resolution. The principle of subsidiarity was first mentioned in the Treaty on European Union (TEU) in 1992, although the European Parliament initiated the concept earlier in 1984. The TEU included a reference to the principle in the Treaty establishing the European Community (TEC). The Single European Act, signed in 1986, had already incorporated a subsidiarity criterion into environmental policy, but without referring to it explicitly.
The principle of subsidiarity was formally enshrined by the TEU, signed in 1992. The Treaty of Amsterdam, signed in 1997, included a Protocol on the application of the principles of subsidiarity and proportionality. The Treaty of Lisbon, signed in 2007, incorporated the principle of subsidiarity into Article 5(3) of the TEU.
The general aim of the principle of subsidiarity is to guarantee a degree of independence for a lower authority in relation to a higher body or for a local authority in relation to central government. It involves the sharing of powers between several levels of authority, a principle that forms the institutional basis for federal states. When applied in the context of the EU, the principle of subsidiarity serves to regulate the exercise of the Union's non-exclusive powers. It rules out Union intervention when an issue can be dealt with effectively by Member States themselves at the central, regional, or local level.
In the European Union, the principle of subsidiarity is the principle that decisions are retained by Member States if the intervention of the European Union is not necessary. The European Union should take action collectively only when Member States' individual power is insufficient. The principle of subsidiarity applied to the European Union can be summarised as "Europe where necessary, national where possible". The principle of subsidiarity is one of the core principles of European law.
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The EU's qualified majority voting
Qualified majority voting (QMV) is a mechanism used within the European Council and the Council of the EU to make decisions without the need for unanimity, but which go beyond a simple majority of members. The Council of the EU is composed of the ministers of member states responsible for a specific area of policy. The ministers or their representative will cast the member state vote.
There are two forms of qualified majority: standard and reinforced. For standard QMV, decisions are adopted if at least 55% of member states, meaning at least 15 out of 27, representing at least 65% of the EU population, approve. This procedure is also known as the 'double majority rule'. For reinforced QMV, at least 72% of member states, or 20 out of 27, must approve, again representing at least 65% of the EU population. When the blocking minority threshold of four Council members is not reached, the qualified majority is deemed attained.
The Lisbon Treaty, which entered into force on 1 December 2009, sought to modernise and improve the EU's decision-making process. The treaty extends voting by qualified majority in the Council of the European Union and in the areas in which the European Parliament acts on an equal basis. The Lisbon Treaty specifies in Article 16 that the Council shall act by QMV in areas of competence with certain exceptions. The Lisbon rules eradicated the use of "artificial" voting weights, acknowledging the smaller member states' fears of being overruled by the larger countries.
The scope of QMV has seen some changes, particularly in the field of judicial cooperation in criminal matters and on the social protection of migrant workers. The Treaty of Lisbon introduced brake clauses to deviate from the ordinary legislative procedure if a member state considers that the fundamental principles of its social security or criminal justice system are under threat from legislation that is in the course of being adopted. The treaty also introduced passerelle clauses to shift from a unanimous vote to a vote by qualified majority for the adoption of an act in a given field.
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The EU's common foreign and security policy
The Common Foreign and Security Policy (CFSP) is the agreed foreign policy of the European Union (EU) for security and defence diplomacy and actions. It deals with specific parts of the EU's external relations, including trade and commercial policy, and funding to third countries. The CFSP's objectives are to preserve peace, strengthen international security, promote international cooperation, and develop and consolidate democracy, the rule of law, and respect for human rights and fundamental freedoms.
The CFSP is implemented on the basis of individual decisions adopted by the Council of the European Union, which comprises EU country heads of state and governments. Decisions require unanimity among member states, but certain aspects can be further decided by qualified majority voting. The European Commission uses the CFSP budget to respond to external conflicts and crises, build the capacity of partner countries, and protect the EU and its citizens. The budget finances civilian missions, EU Special Representatives, stabilisation actions, and multilateral and bilateral non-proliferation and disarmament projects.
The CFSP's status as a "'pillar' ended with the Treaty of Lisbon, which took effect in December 2009. The treaty created a High Representative of the Union for Foreign Affairs and Security Policy, merging the post of High Representative for the CFSP with that of the European Commissioner for External Relations and European Neighbourhood Policy. The High Representative is in charge of the European External Action Service (EEAS), which is intended to be a common Foreign Office or Diplomatic Corps for the EU.
The Common Security and Defence Policy (CSDP) is the part of the CFSP that relates to defence and crisis management. It includes a mutual defence clause among member states and a Permanent Structured Cooperation (PESCO) in which 25 of the 28 national armed forces pursue structural integration. The European Defence Agency (EDA) encourages an increase in defence capabilities, military research, and the establishment of a European internal market for military technology. The European Union Institute for Security Studies (EUISS) and the European Union Satellite Centre (EUSC) are bodies carried over from the Western European Union that contribute to the CFSP.
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Frequently asked questions
Yes, every country in Europe has its own constitution. The first constitutions in the region were written in Poland and France in 1789.
No, the European Union does not have a constitution. However, there was an attempt to establish a constitution for the EU in the form of the Treaty of Constitutional Treaty (TCE) in 2004. The treaty was signed by 25 member states but was rejected by French and Dutch voters in 2005, bringing the ratification process to an end.
The TCE was an international treaty intended to create a consolidated constitution for the European Union. It aimed to replace existing EU treaties with a single text, give legal force to the Charter of Fundamental Rights, and expand qualified majority voting into policy areas previously decided by unanimity among member states.
