Omar Bennett
The European Union (EU) does not have a constitution in the same way that a country does. Instead, it has founding treaties that include some elements of what is generally defined as a Constitution. The EU is not a state; its authority is derived from its member states, and it lacks some of the essential elements that characterize a state. The EU has law-making institutions, including a Council composed of ministers from member states and a directly elected European Parliament. The Council of the European Union shares the power of deciding on legislative, administrative, and budgetary acts with the Parliament. The EU's founding treaties can be seen as a 'Constitutional Charter', and the Court of Justice of the European Communities has characterized them as such. However, the EU does not have a single, unified constitution. Attempts to establish a Constitution for Europe have been made, such as the Treaty Establishing a Constitution for Europe, which was signed in 2004 but failed to be ratified by all member states. The Lisbon Treaty, which entered into force in 2009, replaced the Constitution and amended existing treaties.
| Characteristics | Values |
|---|---|
| The EU does not have a constitution like that of a Nation State | The authors of the EU Treaties could choose to use the term "Constitution" to designate those Treaties, but if nothing was changed as to the substance of the Treaties, it would not mean that the EU has a Constitution like that of a Nation State. |
| The EU does not have a "United States of Europe" type constitution | Many do not think that the European Union (EU) should become a "United States of Europe", and such a constitution is not desirable. |
| The EU does not have a constitution because it failed to be ratified by all member states | Before an EU treaty can enter into force, it must be ratified by all member states. The Treaty establishing a Constitution for Europe was rejected by France and the Netherlands in their national referendums. |
| The EU does not have a constitution because it was too complex | The 2005 "Treaty establishing a Constitution for Europe" was too complex with its 44 titles and sections and 448 articles, giving everyone something to disagree with. |
| The EU does not have a constitution because it was seen as "Brussels" and technocratic oppression | Some believe that a constitution and a federal State would be the pinnacle of "Brussels" and technocratic oppression. |
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What You'll Learn
- The EU is not a State, it derives its authority from its member states
- The EU's founding treaties include some elements of what is generally defined as a Constitution
- The EU has law-making institutions, including a Council composed of ministers from member states
- The EU may act or make laws only when its member states agree unanimously
- The 2005 Treaty establishing a Constitution for Europe was too complex and tried to set in stone the needless complexity of the current treaties
The EU is not a State, it derives its authority from its member states
The European Union (EU) does not have a constitution like that of a nation state. The EU is not a state, and its authority is derived from its member states. The EU's founding treaties are its constitutional charter, and these can be improved and transformed over time.
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 Parliament share the power of deciding on 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. The EU may only act (i.e., make laws) when its member states agree unanimously that actions by individual countries would be insufficient. This is the principle of subsidiarity, which is based on the idea that governmental decisions should be made as close to the people as possible while remaining effective.
The EU's constitutional charter can be compared to the US constitutional process, which was about the creation of one state, one nation, and one people. Some argue that a European Constitution would be the basis for a future European Federal State, while others disagree. The debate is largely political, and the EU's constitutional charter can be improved without becoming a federal state.
The EU has seen calls for a constitution to ensure coherence, democracy, and accountability, and to enshrine its values and organise its institutions. The 2005 "Treaty establishing a Constitution for Europe" failed due to its complexity and length. A constitution should be concise and flexible to adapt to changing times. Any EU treaty must be ratified by all member states, and ratification processes differ in each country.
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The EU's founding treaties include some elements of what is generally defined as a Constitution
The EU does not have a constitution in the same way that a nation-state does. However, the EU's founding treaties include some elements of what is generally defined as a Constitution. The Court of Justice of the European Communities has characterised the Treaties that form the foundation of the European Communities (EC) as "a Constitutional Charter".
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 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 role of national parliaments would be to scrutinise proposed EU laws and object if they overstep the boundary of the Union's agreed areas of responsibility. If the Commission wishes to ignore such an objection, it would be forced to submit an explanation to the parliament concerned and to the Council of Ministers.
The "Treaty establishing a Constitution for Europe" was rejected by France and the Netherlands in their national referenda in 2005. The proposed constitution included 44 titles and sections and 448 articles, giving everyone something to disagree with, and trying to set in stone the needless complexity of the current treaties.
The EU treaties could be designated as a "Constitution", but this would be seen as a political gesture, and the substance of the treaties would remain unchanged.
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The EU has law-making institutions, including a Council composed of ministers from member states
The European Union (EU) does not have a constitution like that of a nation state. However, the EU has its own law-making institutions, including the Council of the European Union (also known as the Council of the EU, the EU Council, or the Council of Ministers). This council is composed of ministers from member states, with each member state sending one minister or state secretary to represent them. The council exercises legislative power along with the European Parliament, with whom it shares the power of co-deciding legislative, administrative, and budgetary acts. The Council of the EU also has treaty-making powers and is the final legislative authority.
The Council of the EU is separate and distinct from the European Council, which does not generally make laws. The European Council is composed of the heads of state or government of EU countries and defines the general political direction and priorities of the EU. It can, however, agree on changes to the Treaty on the Functioning of the EU. The European Commission, which is the EU's main executive body, represents the common interests of the EU and proposes new laws to the Council of the EU and the European Parliament for scrutiny and adoption.
The European Parliament is composed of 705 members, who are directly elected by the citizens of the EU member states. It shares legislative power equally with the Council of the EU, meaning it is empowered to adopt, amend, or reject European laws. However, it cannot propose legislation directly but may request the European Commission to do so.
The EU's law-making institutions also include the Committee of the Regions, a consultative body composed of 329 members who serve four-year terms. The Council of the European Union appoints members, who are generally local, municipal, or regional officials. The Committee must be consulted during the legislative process on laws affecting trans-European infrastructure, education, culture, the environment, or employment.
The EU has also set up three agencies to carry out technical, scientific, and management tasks: the Defence Agency, the Institute, and the European Central Bank. These agencies help the EU and its member countries to implement the common foreign and security policy and other aspects of EU external action.
While the EU does not have a formal constitution, its powers, responsibilities, and procedures are laid down in its founding treaties: the Treaty on the Functioning of the European Union (1957) and the Treaty on European Union (1992). The Lisbon Treaty (2007) introduced certain amendments and additions to these competencies.
There have been calls for the EU to adopt a constitution to face new global challenges and to establish stronger and more democratic institutions. A proposed constitution would specify that the EU is a union of member states and that all its competences are voluntarily conferred on it by its members. It would also include a new solidarity clause, stating that any member state that falls victim to a terrorist attack or other disasters will receive assistance from other member states. However, critics argue that a constitution is unnecessary and that the EU should remain an alliance of free and sovereign nations.
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The EU may act or make laws only when its member states agree unanimously
The European Union (EU) does not have a constitution like that of a nation state. The EU's founding treaties, however, are considered by some to be a "Constitutional Charter". 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 EU treaties can only come into force when ratified by all member states. Ratification takes different forms depending on the traditions, constitutional arrangements and political processes of each country. Most member states ratify EU treaties following parliamentary votes, while some hold referendums.
The TCE (Treaty establishing a Constitution for Europe) would have specified that the EU is a union of member states, and that all its competences are voluntarily conferred on it by its member states. The EU would have no competences by right, and thus any areas of policy not explicitly specified in the Constitution would have remained the domain of the sovereign member states. According to the TCE, the EU may act (i.e. make laws) only when its member states agree unanimously that actions by individual countries would be insufficient. This is the principle of subsidiarity and is based on the legal and political principle that governmental decisions should be taken as close to the people as possible while still remaining effective.
The subject of a "Constitution for Europe" has been highly debated. Some think that a "European Constitution" should be adopted as a basis for the establishment of a future European Federal State. Among those who do not think that the 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.
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The 2005 Treaty establishing a Constitution for Europe was too complex and tried to set in stone the needless complexity of the current treaties
The Treaty establishing a Constitution for Europe, also known as the Constitutional Treaty, was signed on 29 October 2004 by 53 senior political figures from the 25 member states of the European Union. The treaty was intended to replace all former treaties with a single document and give the EU a legal status.
However, the 2005 Treaty was never ratified. This was because it was rejected in referendums in France and the Netherlands in 2005. Following these defeats, the European Council decided to review the constitution and the ratification process. The treaty was criticised for being overly complex and trying to set in stone the needless complexity of the current treaties. It contained 44 titles and sections and 448 articles, giving everyone something to disagree with.
The treaty was also criticised for being unreadable and failing to provide a clear and concise statement of the EU's values, principles, and institutional organisation. Instead, it tried to encompass the complexity of the existing treaties, which had become bloated and obscure over time. The rejection of the 2005 Treaty led to a period of reflection and discussion across Europe about the future of the EU and the role of a constitution.
The Lisbon Treaty, which entered into force in 2009, ultimately amended the existing treaties rather than replacing them with a single constitution. This approach allowed for many of the same goals to be achieved, such as giving the EU legal status and enabling it to evolve to accommodate new member states. However, the Lisbon Treaty also faced challenges during the ratification process, highlighting the ongoing complexities and challenges in achieving consensus across the EU member states.
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Frequently asked questions
The EU does not have a constitution because it is not a state; its authority is derived from its member states.
A European Constitution would imply the establishment of a future European Federal State, or a "United States of Europe".
A European Constitution would propose a simplification and democratisation of EU institutions. It would include a new European Parliament, directly elected by the people at the local level, to represent their interests.
A "Treaty establishing a Constitution for Europe" was drafted in 2003 and signed by the heads of state in 2004. However, it was rejected by France and the Netherlands in their national referendums in 2005.
Following the treaty's defeat, the European Council decided to review the constitution and the ratification process. This resulted in the Lisbon Treaty, which was signed in 2007 and entered into force in 2009.
