Jonah Patel
The European Union does not have a single written constitution like the United States. However, the EU is founded on various international treaties, which include important elements of what is generally defined as a Constitution. The EU has law-making institutions, including a Council of Ministers from member states and a directly elected European Parliament. The Council of the European Union would have been renamed the Council of Ministers under the TCE, which is already its informal title. The EU's founding treaties go far beyond classic international treaties, and the Court of Justice of the European Communities has characterised them as a Constitutional Charter.
| Characteristics | Values |
|---|---|
| Does the EU have a written constitution? | No, it does not. |
| Is a written constitution necessary? | It is seen as necessary or desirable by some to give more legitimacy to the EU. |
| What is the alternative to a written constitution? | The EU has law-making institutions, including a Council composed of ministers from member states and a directly elected European Parliament. |
| What are the EU's founding treaties like? | They include some important elements of what is generally defined as "a Constitution". |
| What is the ratification process for EU treaties? | Ratification takes different forms in each country, depending on its traditions, constitutional arrangements, and political processes. Most member states ratify EU treaties following parliamentary votes, while some hold referendums. |
| What is the Lisbon Treaty? | The Lisbon Treaty, signed on 13 December 2007 and in force since 1 December 2009, replaced the Constitution. |
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What You'll Learn
- The EU's founding treaties contain elements of a constitution
- The EU lacks essential elements of a complete system of governance
- The EU is not a state, it derives its authority from member states
- The Treaty Establishing a Constitution for Europe was signed in 2004
- The Lisbon Treaty replaced the Constitution
The EU's founding treaties contain elements of a constitution
The European Union is founded on international treaties that include important elements of what is generally defined as a "constitution". The EU has law-making institutions, including a Council of Ministers from member state governments and a directly elected European Parliament. The Council and Parliament share the power of deciding on legislative, administrative, and budgetary acts proposed by the Commission. The Commission, in turn, ensures that EU law is applied and may take a member state to court if it fails to fulfil its obligations.
The EU's treaties also include a solidarity clause, which specifies that any member state that falls victim to a terrorist attack or other disasters will receive assistance from other member states if requested. The type of assistance is not specified but would be decided by the Council of Ministers. The EU's founding treaties also include a copy of the Charter, which has been agreed upon by all EU member states, obliging EU institutions to conform to the same standards of fundamental rights.
While the EU's founding treaties contain elements of a constitution, the EU is not a state and lacks some essential elements of a complete system of governance. The EU's authority derives from its member states, and there is no clear division of powers between the EU and its member states. The Court of Justice of the European Communities has characterised the Treaties as "a Constitutional Charter", but the EU does not have a single, unified constitution like that of a state.
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The EU lacks essential elements of a complete system of governance
The European Union (EU) does not have a written constitution. While the EU has drafted and sought to establish a constitution in the past, these efforts have not come to fruition.
The EU's founding treaties include some important elements of what is generally defined as "a Constitution". However, the EU is lacking in some of the essential elements necessary for a complete system of governance. The EU is not a state; it derives its authority from its member states. 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, in turn, exercises the powers conferred on it by the Council for the implementation of Community law and ensures that this law is applied.
The Treaty Establishing a Constitution for Europe was signed by the heads of state in October 2004 and submitted to the member states for ratification. While 15 countries approved the constitution, it was defeated in referendums in France and the Netherlands in June 2005. Following these defeats, the European Council decided to review the constitution and the ratification process. This review period led to the signing of the Lisbon Treaty in December 2007, which replaced the proposed constitution.
The EU's lack of a written constitution has been a topic of debate, with some arguing that a "'Constitution for Europe'" would provide a basis for the establishment of a future European Federal State. Others disagree with the idea of a "United States of Europe" and see a constitution as unnecessary. The EU's unique structure and decision-making processes, which involve multiple member states and their respective constitutions, add complexity to the question of whether a written constitution is needed.
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The EU is not a state, it derives its authority from member states
The European Union (EU) does not have a single written constitution like, for example, the United States Constitution. Instead, the EU has founding treaties that include some important elements of what is generally defined as "a constitution". The EU is a union of member states, and its authority is derived from these member states. The EU's law-making institutions include a Council composed of ministers who are members of national governments of the member states, and a directly elected European Parliament. The Council and Parliament share the power of deciding on legislative, administrative, and budgetary acts, which are proposed by the Commission.
The EU's founding treaties are international treaties that go far beyond classic international treaties. The EU's Constitutional Charter is comparable to the constitution of a state, but it lacks some essential elements necessary for a complete system of governance. The EU's founding treaties are ratified by member states, and this process takes different forms in each country, depending on its traditions, constitutional arrangements, and political processes. Most member states ratify EU treaties following parliamentary votes, while some—like Ireland and Denmark—sometimes hold referendums.
The Treaty Establishing a Constitution for Europe, also known as the European Constitution, was intended to establish a constitution for the EU. It was drafted by the Convention on the Future of Europe between February 2002 and July 2003 and presented to the President of the EU on July 18, 2003. The final version was signed by the heads of state on October 29, 2004, and submitted to the member states for ratification. Although 15 countries ratified the treaty, it was defeated in referendums in France and the Netherlands in June 2005. Following these defeats, the European Council decided to review the constitution and the ratification process. This review period led to the Lisbon Treaty, signed on December 13, 2007, which replaced the European Constitution.
The Lisbon Treaty, also known as the Reform Treaty, amended the existing treaties, primarily the Treaty of Rome and the Treaty of Maastricht. The Lisbon Treaty included a copy of the Charter already agreed upon by all EU member states, ensuring that EU institutions conform to the same standards of fundamental rights. The Lisbon Treaty entered into force on December 1, 2009.
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The Treaty Establishing a Constitution for Europe was signed in 2004
The Treaty establishing a Constitution for Europe, also known as the European Constitution, was signed in Rome on 29 October 2004 by 53 senior political figures from the 25 member states of the European Union. The treaty was adopted by the European Council on 18 June 2004 and was signed later that year in the presence of the European Parliament President, Josep Borrell Fontelles. The treaty was approved by the European Parliament, but it was then rejected by France and the Netherlands in their national referendums on 29 May 2005 and 1 June 2005, respectively.
The treaty would have specified that the EU is a union of member states and that all its competencies are voluntarily conferred on it by its member states according to the principle of conferral. The EU would not have had any competencies by right, and thus any areas of policy not explicitly specified in the Constitution would have remained the domain of the sovereign member states. The treaty also included a new solidarity clause, which specified that any member state that fell victim to a terrorist attack or other disaster would receive assistance from other member states if it requested it.
Under the treaty, seven new areas of cooperation would have been added, including the creation of a European Public Prosecutor's Office, if all member states agreed to it and if the European Parliament gave its consent. The treaty also included a copy of the Charter of Fundamental Rights of the European Union, which had been signed in Nice on 7 December 2000. This was included to ensure that EU institutions were obliged to conform to the same standards of fundamental rights.
Following the rejection of the treaty by France and the Netherlands, the member states agreed to abandon the idea of a single codified constitution and instead amend the existing treaties. This led to the creation of the Lisbon Treaty, which was signed on 13 December 2007 and entered into force on 1 December 2009.
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The Lisbon Treaty replaced the Constitution
The Lisbon Treaty, or the Treaty of Lisbon, is a European agreement that amends the two treaties that form the constitutional basis of the European Union (EU). The Lisbon Treaty was signed by all EU member states on December 13, 2007, and came into force on December 1, 2009. The Lisbon Treaty replaced the Constitution, which was abandoned after being rejected by French voters on May 29, 2005, and Dutch voters on June 1, 2005. The Lisbon Treaty amended the Maastricht Treaty (1992) and the Treaty of Rome (1957), which are now known as the Treaty on European Union (2007) and the Treaty on the Functioning of the European Union (2007), respectively.
The Lisbon Treaty also amended the attached treaty protocols, as well as the Treaty establishing the European Atomic Energy Community (EURATOM). One of the prominent changes brought about by the Lisbon Treaty was the move from unanimity to qualified majority voting in at least 45 policy areas in the Council of Ministers. This included a change in the calculation of such a majority to a new double majority, enhancing the efficiency of decision-making processes.
The Lisbon Treaty also provided a formal procedure for Member States wishing to withdraw from the European Union, namely Article 50 of the Treaty on European Union. The Treaty of Lisbon also gave the EU full legal personality, allowing the Union to sign international treaties in areas of its attributed powers or to join an international organization. Member States may only sign international agreements that are compatible with EU law.
The Lisbon Treaty formally recognized the European Council as an EU institution, responsible for providing the Union with direction and defining its priorities. The Treaty also established a long-term presidency, replacing the previous system of six-month rotations. The President is elected by a qualified majority of the European Council for a renewable term of 30 months and represents the Union externally. The Lisbon Treaty, therefore, enhanced citizens' participation and protection, created a new institutional setup, and modified decision-making processes for increased efficiency and transparency.
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Frequently asked questions
No, the EU does not have a written constitution. However, it does have founding treaties that include some important elements of what is generally defined as "a Constitution".
The EU is lacking a clear division of powers between itself and its member states. The EU derives its authority from its member states and does not have competences by right.
Some argue that a "European Constitution" should be adopted as a basis for the establishment of a future European Federal State. A written constitution would give more legitimacy to the EU and could improve the constitutional features of the EU's founding treaties.
Those against the idea of a “United States of Europe" see a constitution as unnecessary or undesirable. The EU is not a state, and its law-making institutions, including a Council of Ministers and a directly elected European Parliament, already share the power of deciding legislative, administrative, and budgetary acts.
Yes, between February 2002 and July 2003, the Convention on the Future of Europe took place with the intent of developing a draft constitution for the EU. The final version of the proposed constitution, called the Treaty Establishing a Constitution for Europe, was signed by the heads of state on October 29, 2004, and submitted to the member states for ratification. Although 15 countries approved it, it was defeated in referendums in France and the Netherlands in June 2005. Following these defeats, the European Council decided to abandon the constitution and instead amend the existing treaties, leading to the Lisbon Treaty.
