The Evolution Of Europe's First Constitution

The first European constitutions were written in Poland and France in 1789. The Treaty establishing a Constitution for Europe (TCE) was an unratified international treaty intended to create a consolidated constitution for the European Union (EU). It was signed on 29 October 2004 by representatives of the then 25 member states of the European Union.

Explore related products

The Origins of the American Constitution: A Documentary History

$15.52 $24

The Athenian Constitution (Penguin Classics)

$14.48 $17

The English Constitution (Oxford World's Classics)

$12.97 $13.95

Beyond Brexit: Towards a British Constitution

$17.95 $19.95

Aristotle: The Politics and the Constitution of Athens (Cambridge Texts in the History of Political Thought)

$20.59 $24

Law, Liberty and the Constitution: A Brief History of the Common Law

$20.36 $29.95

The first European constitutions were written in Poland and France in 1789

In the years that followed, there have been several attempts to establish a consolidated constitution for the European Union (EU). The Treaty establishing a Constitution for Europe (TCE) was an unratified international treaty intended to create a unified constitution for the EU. It was signed on 29 October 2004 by representatives of the then 25 member states of the European Union. However, it was later rejected by France and the Netherlands in their national referendums in 2005.

Following the rejection of the TCE, EU countries began work on the Lisbon Treaty. The Lisbon Treaty, also known as the Treaty of Lisbon, is a international agreement between the member states of the European Union that amends the two treaties that form the constitutional basis of the EU. It was signed by all EU member states on 13 December 2007 and came into force on 1 December 2009.

The Treaty establishing a Constitution for Europe (TCE) was an unratified international treaty

The Treaty establishing a Constitution for Europe (TCE), commonly referred to as the European Constitution or the Constitutional Treaty, was an unratified international treaty intended to create a consolidated constitution for the European Union (EU). The TCE would have replaced the existing European Union treaties with a single text, given legal force to the Charter of Fundamental Rights, and expanded qualified majority voting into policy areas which had previously been decided by unanimity among member states.

The TCE was signed on 29 October 2004 by representatives of the then 25 member states of the European Union. It was later ratified by 18 member states, which included referendums endorsing it in Spain and Luxembourg. The first country to hold a referendum on the TCE was Spain.

The TCE was a reaction to what was seen as the novel nature of the Constitution, and many advocates and opponents argued that it should be subjected to referendums across the European Union. On 20 April 2004, the then British prime minister Tony Blair unexpectedly announced an intention to hold a referendum, a proposal which he had previously rejected. A further seven member states announced or had already announced that they would hold referendums on the TCE, these being Denmark, France, Ireland, Luxembourg, the Netherlands, Spain and Portugal.

The TCE was adopted by the European Council on 18 June 2004, and signed in Rome later that year in the presence of the European Parliament President, Josep Borrell Fontelles. Approved by the European Parliament, the TCE was then rejected by France and the Netherlands in their national referenda in 2005. Following the rejection of the TCE, EU countries began work on the Lisbon Treaty.

The first European constitutions were written in Poland and France in 1789.

The TCE would have replaced existing EU treaties with a single text

The first European constitutions were written in Poland and France in 1789. However, the Treaty establishing a Constitution for Europe (TCE) was an unratified international treaty intended to create a consolidated constitution for the European Union (EU). The TCE would have replaced existing EU treaties with a single text, given legal force to the Charter of Fundamental Rights, and expanded qualified majority voting into policy areas which had previously been decided by unanimity among member states. The Treaty was signed on 29 October 2004 by representatives of the then 25 member states of the European Union. It was later ratified by 18 member states, which included referendums endorsing it in Spain and Luxembourg.

The TCE was adopted by the European Council on 18 June 2004 and signed in Rome later that year in the presence of the European Parliament President, Josep Borrell Fontelles. Approved by the European Parliament, the Treaty was then rejected by France and the Netherlands in their national referenda. Following the rejection of the Constitutional Treaty, EU countries began work on the Lisbon Treaty.

Explore related products

The Hebrew Republic: Jewish Sources and the Transformation of European Political Thought

$21.2 $26

Drafting the Irish Constitution, 1935–1937: Transnational Influences in Interwar Europe (Palgrave Modern Legal History)

$105.98 $129.99

The Fall of Republics: A History from Ancient Carthage to the American Constitution

$19.25 $35

European Integration: A Political History

$44 $39.6

A Defence of the Constitutions of Government of the United States of America: Volume I

$17.95 $17.95

Ideal Government and the Mixed Constitution in the Middle Ages (Princeton Legacy Library)

$62.99 $175

The TCE would have given legal force to the Charter of Fundamental Rights

The first European constitutions were written in Poland and France in 1789. Since then, Europe has produced 24% of the world's constitutional systems.

In 2004, the Treaty establishing a Constitution for Europe (TCE) was adopted by the European Council. The TCE was intended to create a consolidated constitution for the European Union (EU). It would have replaced the existing European Union treaties with a single text, given legal force to the Charter of Fundamental Rights, and expanded qualified majority voting into policy areas which had previously been decided by unanimity among member states.

The TCE was signed on 29 October 2004 by representatives of the then 25 member states of the European Union. It was later ratified by 18 member states, which included referendums endorsing it in Spain and Luxembourg. The TCE would have given legal force to the Charter of Fundamental Rights, which sets out the fundamental rights and freedoms of EU citizens. The Charter covers a wide range of areas, including dignity, freedoms, equality, solidarity, citizens' rights, and justice.

The TCE was seen as a novel development in the history of the European Union, and as such, it sparked debate about whether it should be subjected to referendums across the European Union. On 20 April 2004, the then British prime minister Tony Blair unexpectedly announced an intention to hold a referendum, a proposal which he had previously rejected. Seven other member states announced or had already announced that they would hold referendums on the Constitution: Denmark, France, Ireland, Luxembourg, the Netherlands, Spain, and Portugal. Spain was the first country to hold a referendum on the Constitution.

Despite the support for the TCE in some member states, it ultimately failed to be ratified. On 29 May 2005, France rejected the TCE in a national referendum, and the Netherlands followed suit on 1 June 2005. Following these rejections, the EU countries began work on the Lisbon Treaty.

The TCE was rejected by France and the Netherlands in 2005

The Treaty establishing a Constitution for Europe (TCE) was rejected by France and the Netherlands in 2005. The TCE was an unratified international treaty intended to create a consolidated constitution for the European Union (EU). It would have replaced the existing European Union treaties with a single text, given legal force to the Charter of Fundamental Rights, and expanded qualified majority voting into policy areas which had previously been decided by unanimity among member states. The Treaty was signed on 29 October 2004 by representatives of the then 25 member states of the European Union. It was later ratified by 18 member states, which included referendums endorsing it in Spain and Luxembourg.

The TCE was rejected by France and the Netherlands in their national referendums on 29 May 2005 and 1 June 2005, respectively. The rejection of the document by French and Dutch voters brought the ratification process to an end. Following the rejection of the TCE, EU countries began work on the Lisbon Treaty.

The rejection of the TCE by France and the Netherlands reflected the profound differences that still divided the countries over the future funding of the European Union. The worried reactions of the Europeanists reflected the excessive hopes invested in the constitutional treaty, which they believed would have increased the Union's capacity to act and given it broader democratic legitimacy.

The referendum in the Netherlands came just three days after the French referendum on the TCE resulted in its rejection. Because all EU member states needed to ratify the treaty for it to take effect, some regarded the Dutch referendum as irrelevant. However, Dutch campaigners for a "Yes" vote appealed to the electorate to avoid damaging the Netherlands' standing in Europe in the way that the French result was perceived to have weakened the position of France.

Frequently asked questions