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White Paper on the European Constitution THE EUROPEAN CONSTITUTION WHITE PAPER DEPARTMENT OF FOREIGN AFFAIRS JUNE 2005 THE EUROPEAN CONSTITUTION WHITE PAPER Department of Foreign Affairs June 2005 FOREWORD In the wake of the French and Dutch referendum This White Paper on the European Constitution results, this White Paper on the European provides a fair and factual synopsis of the Constitution is being published in a context quite Constitution, as well as an account of the broad different from that for which it was originally approach taken by the Government during the intended. negotiations. The issues dealt with in the Constitution – such as the EU’s founding It is unfortunate that the ratification of the principles, fundamental rights, the role of Constitution has had to be delayed. This, however, national Parliaments, the Union’s institutions provides the people of Europe with an opportunity and its competences - retain their relevance for to reflect on the enduring significance of the Ireland and for the EU as a whole. European Union, not least in the light of the domestic, regional and global challenges we face. The Constitution provides a blueprint for a more These can best be addressed by a vigorous and dynamic and effective EU, which is clearly in united EU enjoying the support of a well-informed Ireland’s interests. After all, it is undeniable that European public. It is essential that the Union we have drawn enormous benefit from more should reflect the overlapping interests and than three decades of EU membership. aspirations of its citizens. The Government continues to strongly support The June meeting of the European Heads of the European Constitution, which was negotiated State and Government opted for a pause in the during Ireland’s EU Presidency, as something ratification process so as to allow time for that is good for Ireland and good for Europe. We reflection and debate in each Member State. will play our full and constructive part in all The White Paper is part of our contribution to future discussions about the Constitution. that process of reflection. We need to take full advantage of the coming period to enhance our people’s knowledge of, and engagement with, the European Union, which is so vital to Ireland’s future. It is important that we continue to build on the very valuable work of the National Forum for Europe in stimulating Dermot Ahern, T.D. informed debate on, and enhanced awareness Minister for Foreign Affairs of, the key issues on the European agenda. October 2005 CONTENTS 1. INTRODUCTION 4 2. NEGOTIATION OF THE CONSTITUTION 7 3. THE UNION’S FOUNDING PRINCIPLES 15 4. FUNDAMENTAL RIGHTS 24 5. COMPETENCES OF THE UNION 30 6. SUBSIDIARITY AND THE ROLE OF NATIONAL PARLIAMENTS 34 7. THE UNION’S INSTITUTIONS 38 8. DECISION-MAKING IN THE UNION 50 9. THE DEMOCRATIC LIFE OF THE UNION 56 10. THE UNION’S FINANCES 59 11. THE UNION’S INTERNAL POLICIES 63 12. AREA OF FREEDOM, SECURITY AND JUSTICE 70 13. THE UNION’S EXTERNAL ACTION 77 14. OTHER ISSUES 90 ANNEX 1 - PROTOCOLS AND DECLARATIONS 93 ANNEX 2 – MOVEMENT TO QMV IN THE EUROPEAN CONSTITUTION 102 GLOSSARY 104 3 CHAPTER 1: INTRODUCTION 1. This White Paper describes the Treaty NEGOTIATION AND SIGNATURE establishing a Constitution for Europe (the European Constitution). In addition to setting out the European Constitution’s 3. The European Constitution was signed on provisions, it seeks to explain how they behalf of the 25 Member States of the were agreed, and describes the approach European Union at a ceremony in Rome taken by the Government. It also tries to on 29 October 2004. The Taoiseach, Mr indicate the extent to which the Constitution Bertie Ahern TD, and the Minister for changes the current EU Treaties. Foreign Affairs, Mr Dermot Ahern TD, signed on behalf of Ireland. 2. The full title of the document (Treaty establishing a Constitution for Europe) 4. The European Constitution was largely indicates its dual nature. It is legally a prepared by the European Convention. Treaty between twenty-five sovereign This brought together representatives of States which must be ratified, and can Member State and candidate country only be amended in future, by all of Governments, national parliaments, the them. However, it is also a Constitution European Parliament and the European inasmuch as it sets out and establishes Commission under the chairmanship of the basic principles, values, objectives, the former French President, M. Valéry powers and institutions of the European Giscard d’Estaing. It met from February Union. The European Court of Justice 2002 to July 2003. has in the past held that the current Treaties in effect comprise a constitution 5. The European Convention’s draft was the for the Union. basis for the work of a subsequent Intergovernmental Conference (IGC). The IGC was initially chaired by Italy (October – December 2003) and then by Ireland until its successful conclusion in June 2004. 6. The IGC maintained the bulk of the Convention’s text, but also made several significant changes, above all in relation to the Union’s institutions; decision- making procedures in a number of sensitive areas; and security and defence. 4 RATIFICATION EUROPEAN CONSTITUTION AND PREVIOUS EU TREATIES 7. As with all previous EU Treaties, the European Constitution can enter into force only following ratification by all 10. The fundamental law of the European Member States in accordance with their Union is contained in a range of previous respective constitutional requirements. A Treaties, notably the Treaty establishing the target date of 1 November 2006 is set for European Community (the Treaty of Rome – entry into force. 1957), the Single European Act (1986), the Treaty on European Union (the Maastricht 8. The method of ratification in each case is Treaty - 1992), the Treaty of Amsterdam for the Member State concerned to (1997) and the Treaty of Nice (2001). Each determine. In Ireland, it is legally required successive Treaty has added to and that a referendum be held to amend amended previous Treaties. Accession Bunreacht na hÉireann to allow for Treaties have set out specific arrangements ratification. for new Member States as they have joined. 11. 9. Legally, the entry into force of the The European Constitution will, if ratified, Constitution requires ratification by all replace these previous Treaties, which will Member States. The Constitution does in that case be repealed. In legal terms, it not seek to anticipate in detail how the will create a new European Union. Union might respond politically to a However, this will be the successor to the situation in which one or more Member European Union and European States fail to ratify. In a Declaration, the Community established by the current Intergovernmental Conference agreed Treaties. All legal acts adopted under the that the European Council would consider current Treaties will remain in effect, as the matter if after two years at least four- will all other components of the existing fifths of Member States have ratified and acquis until they are deleted or amended. one or more have not. 12. The European Constitution abolishes the current distinction between the European Community and the European Union, and the so-called “pillar structure”. Under this most issues currently fall within the first, or Community, pillar, while the “second pillar” (Common Foreign and Security Policy) and the “third pillar” (judicial co- operation in criminal matters, and police co-operation) fall within the scope not of the Community but of the Union. The pillars will no longer exist under the Constitution. However, important distinctions between how some key policy areas are handled remain. 5 STRUCTURE OF THE EUROPEAN CONSTITUTION 13. The European Constitution is divided into 14. As with previous Treaties, the Constitution four main parts, preceded by a Preamble lists all of the languages in which its texts and followed by Protocols. Each Part is are legally valid. These include Irish. denoted by a Roman numeral (I, II, III, IV) with the Articles numbered consecutively throughout the whole text. Thus the first Article is I-1 and the last IV-448. Part I sets out the Union’s basic principles, Part IV sets out how earlier Treaties are to values and objectives; outlines its powers ; be repealed, how the Constitution is to describes the composition and operation of enter into force and how it may be its institutions; defines the legal acts it amended in future. may adopt; makes arrangements for promoting the democratic life of the Union; The Protocols to the Constitution are lays down basic financial principles; and legally-binding texts which either flesh out sets out the procedures by which a country aspects of it in greater detail or concern can become a Member of the Union or can issues of specific concern to one or more voluntarily leave it. Member States. Some of the Protocols are new but others are carried forward from Part II is the Charter of Fundamental existing Treaties. Rights, which is an integral part of the Constitution. The IGC agreed or noted a number of Declarations relating to the Constitution. Part III defines in detail the exact scope of These are not legally-binding but carry the powers given to the Union in each of political weight as an expression of the the range of policy areas mentioned in Part views or understandings of all or some I, and how decisions are to be taken in Member States as to the meaning of each of them. In many areas it essentially certain Articles. reproduces the current Treaties. 6 CHAPTER 2: NEGOTIATION OF THE EUROPEAN CONSTITUTION 1. The process which led to the negotiation NICE DECLARATION of the Constitution began during 2000.
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