Omar Bennett
The European Union (EU) does not have a written constitution like the United States, but its founding treaties contain important elements of what is generally defined as a Constitution. The EU is not a state; it derives its authority from its member states, and its law-making institutions include a Council composed of ministers from national governments of the member states, and a directly elected European Parliament. The EU's founding treaties go far beyond classic international treaties, and the Court of Justice of the European Communities has already characterized them as a Constitutional Charter. The subject of a Constitution for Europe has been highly debated, with some arguing that a European Constitution should be adopted as a basis for the establishment of a future European Federal State.
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What You'll Learn
- The EU is not a state, it derives its authority from its member states
- The EU lacks essential elements for a complete system of governance
- Ratification takes different forms in each country
- The EU's founding treaties include important elements of a constitution
- The EU has law-making institutions, including a Council of Ministers
The EU is not a state, it derives its authority from its member states
The European Union (EU) does not have a written constitution, unlike the United States, which has a written constitution that acts as the "absolute rule of action and decision" for all departments. The EU is a union of member states, and its authority is derived from these states. The EU's founding treaties include some important elements of what is generally defined as "a Constitution", but it lacks some of the essential elements that characterize a state.
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 of the European Union, also known as the "'Council of Ministers', shares the power of co-deciding legislative, administrative, and budgetary acts with the Parliament. These acts are proposed by the Commission, which exercises the powers conferred on it by the Council for the implementation of Community law. The Commission also ensures that this law is applied and may take a member state to court if it fails to fulfil its obligations.
The Treaty establishing a Constitution for Europe was adopted by the European Council in June 2004 and signed in Rome later that year. However, it was rejected by France and the Netherlands in their national referenda in 2005. Following this rejection, EU countries began work on the Lisbon Treaty, which was signed in 2007. The Lisbon Treaty amended the existing treaties, primarily the Treaty of Rome and the Treaty of Maastricht.
The EU's founding treaties go far beyond classic international treaties, and the Court of Justice of the European Communities has characterized them as "a Constitutional Charter". However, the EU is not a state, and it derives its authority from its member states. The TCE 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 according to the principle of conferral. Any areas of policy not explicitly specified in the Constitution would have remained the domain of the sovereign member states.
In conclusion, the EU does not have a written constitution like the United States, and it derives its authority from its member states. The EU has law-making institutions and founding treaties that include some elements of a constitution, but it lacks the complete system of governance that characterizes a state.
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The EU lacks essential elements for a complete system of governance
The European Union (EU) is a unique entity, deriving its authority from its member states. While it has some elements of a "Constitution", it lacks essential components for a complete system of governance.
Firstly, the EU's founding treaties, which form the basis of its constitutional framework, are not a single, unified document. Instead, they comprise various treaties, such as the Treaty of Rome and the Treaty of Maastricht, which have been amended over time. This collection of treaties, while significant, does not constitute a comprehensive constitution as understood in the traditional sense.
Secondly, the EU does not possess the same law-making authority as a sovereign state. According to the proposed Treaty establishing a Constitution for Europe (TCE), the EU can only act or make laws when its member states unanimously agree that actions by individual countries would be insufficient. This principle of subsidiarity ensures that governmental decisions are taken as close to the people as possible, preserving the sovereignty of member states.
Thirdly, the EU's legislative process involves multiple institutions, including the Council of the European Union (composed of ministers from member states), the European Parliament, and the Commission. While these institutions share legislative powers, the process is more complex than the typical separation of powers in a constitutional government. The EU's law-making process involves extensive negotiation and compromise, reflecting the need to balance the interests of multiple countries.
Furthermore, the EU does not have a single, directly applicable bill of rights. The Charter of Fundamental Rights of the European Union, which outlines the fundamental rights of EU citizens, is not directly enforceable in the same way as a bill of rights in a written constitution. It provides guidance and principles that the EU institutions must respect, but its legal status is complex and subject to interpretation.
Lastly, the EU does not have a unified system of enforcement and judicial review. While the Court of Justice of the European Union interprets EU law and ensures its uniform application, the enforcement of EU laws within member states depends on their domestic legal systems. This differs from a typical constitutional setup, where a supreme court or constitutional court has the final authority to interpret and enforce the constitution.
In conclusion, while the EU has elements of a constitutional framework, it lacks the essential features of a unified, directly applicable constitution with clear separation of powers, a comprehensive bill of rights, and a single system of enforcement. The EU's governance is based on cooperation and consensus among its member states, resulting in a unique and complex system that differs from the traditional concept of a written constitution.
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Ratification takes different forms in each country
The United Kingdom is one of only five countries that do not have a written constitution. The UK has never had a written constitution because it was never deemed necessary. Instead, the UK has a collection of written laws and "conventions", or unwritten agreements, that guide political behaviour.
Ratification, the process of approving or enacting a legally binding act, takes different forms in each country. In the context of contract law, ratification occurs when a person accepts the benefits of a contract, thereby rendering it legally enforceable. This can be done through signing a formal contract, but conduct may also ratify a contract. For example, a court in Illinois once stated that "conduct, including an acceptance of benefits under a contract, may be sufficient to constitute a ratification binding on the party accepting the benefits as if he had signed the contract".
In the case of international treaties, ratification is typically accomplished by filing instruments of ratification as outlined in the treaty. In many democracies, the government is authorized to ratify treaties through standard legislative procedures. In Australia, for instance, the government may enter into binding treaties without seeking parliamentary approval. However, treaties are typically scrutinized by the Joint Standing Committee on Treaties before ratification.
In the United States, the ratification of treaties and constitutional amendments falls under the purview of the federal and state governments. Article VII of the US Constitution outlines the process for ratifying the Constitution, requiring the conventions of nine states. Similarly, Article V details how federal and state governments can ratify amendments.
Federations, such as India, often require the support of both the federal government and a certain percentage of constituent governments for amendments to the federal constitution to take effect. In the Netherlands, treaties must be approved by parliament before ratification can occur.
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The EU's founding treaties include important elements of a constitution
The European Union is based on the rule of law, with every action taken by the EU founded on treaties that have been approved voluntarily and democratically by all EU member countries. These founding treaties are amended when new countries join the EU. The treaties set out the EU's objectives, rules for EU institutions, how decisions are made, and the relationship between the EU and its member countries.
The Treaty establishing a Constitution for Europe (TCE), commonly referred to as the European Constitution or the Constitutional Treaty, was an international treaty intended to create a consolidated constitution for the EU. It was signed on 29 October 2004 by representatives of the then 25 member states of the EU. The TCE 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 where its member states agree unanimously that actions by individual countries would be insufficient.
The TCE was approved by the European Parliament and ratified by 18 member states, including referendums in Spain, Luxembourg, France, and the Netherlands. However, the rejection of the document by French and Dutch voters in May and June 2005 brought the ratification process to an end. Following this, European leaders decided to hold a "period of reflection" on what to do next. As a result, the Lisbon Treaty was created to replace the Constitutional Treaty. Signed on 13 December 2007, the Lisbon Treaty entered into force on 1 December 2009. It amended the existing treaties, abandoning the idea of a single codified constitution.
Thus, while the EU does not have a single written constitution, its founding treaties, such as the Treaty of Rome, the Treaty of Maastricht, and the Lisbon Treaty, include important elements of a constitution.
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The EU has law-making institutions, including a Council of Ministers
The EU has several law-making institutions, including the Council of the European Union, also known as the Council of Ministers. The Council of the EU is where national ministers from each EU country meet to negotiate and adopt EU laws. The Council of the EU represents the member states' governments and meets in 10 different configurations, each corresponding to the policy area being discussed. The ministers have the authority to commit their governments to the actions agreed upon in the meetings. Council meetings take place in Brussels, except for April, June, and October, when they are held in Luxembourg. The Council, along with the European Parliament, is the main decision-making body of the EU.
The European Parliament is another key law-making institution in the EU. It scrutinizes and adopts proposals for new laws put forward by the European Commission, which is the EU's main executive body. The European Commission represents the common interests of the EU and uses its 'right of initiative' to propose new laws. The European Council, which is made up of the heads of state or government of EU countries, does not typically make laws but can agree on changes to the Treaty on the Functioning of the EU.
The Foreign Affairs Council, which is a part of the Council of the European Union, has a permanent chairperson—the EU High Representative for Foreign Affairs and Security Policy. The General Affairs Council ensures overall consistency and is supported by the Permanent Representatives Committee, which includes EU countries' permanent representatives or ambassadors to the EU. The Eurogroup, which consists of economy and finance ministers from Eurozone countries, coordinates economic policy and makes decisions that are formally adopted by the Council.
The EU also has several advisory and compliance bodies, such as the European Economic and Social Committee, the European Committee of the Regions, the European Ombudsman, and the European Data Protection Supervisor. The European External Action Service is the EU's diplomatic service, supporting the High Representative for Foreign Affairs and Security Policy in implementing the EU's foreign and security policy.
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Frequently asked questions
The UK has never needed a written constitution and, as such, has never had one. The UK's constitution is made up of various laws, statutes, legislation, conventions and more recently, European Union Law. It is, therefore, more appropriate to refer to the UK's constitution as uncodified rather than 'unwritten'.
An uncodified constitution is not enshrined in a single document. Instead, it is spread out across multiple documents. This means that it can be changed, enacted or repealed through Parliament.
An uncodified constitution offers flexibility. A codified constitution, on the other hand, is inflexible and makes the process of changing or introducing new laws more difficult.
