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Constitutional Politics in the European Union: the Convention Moment and Its Aftermath

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Constitutional Politics in the European Union: the Convention Moment and Its Aftermath Constitutional Politics in the European Union The Convention Moment and its Aftermath Dario Castiglione, Justus Schönlau, Chris Longman, Emanuela Lombardo, Nieves Pérez-Solórzano Borragán and Miriam Aziz 9781403_945235_01_prexii.qxp 9/27/2007 13:50 Page i Palgrave Studies in European Union Politics Edited by: Michelle Egan, American University USA, Neill Nugent, Manchester Metropolitan University, UK, William Paterson, University of Birmingham, UK Editorial Board: Christopher Hill, Cambridge, UK, Simon Hix, London School of Economics, UK, Mark Pollack, Temple University, USA, Kalypso Nicolaïdis, Oxford UK, Morten Egeberg, University of Oslo, Norway, Amy Verdun, University of Victoria, Canada, Claudio M. Radaelli, University of Exeter, UK, Frank Schimmelfennig, Swiss Federal Institute of Technology, Switzerland Palgrave Macmillan is delighted to announce the launch of a new book series on the European Union. Following on the sustained success of the acclaimed European Union Series, which essentially publishes research-based textbooks, Palgrave Studies in European Union Politics will publish research-driven monographs. The remit of the series is broadly defined, both in terms of subject and academic discipline. All topics of significance concerning the nature and operation of the European Union potentially fall within the scope of the series. The series is multidisciplinary to reflect the growing importance of the EU as a political and social studies, international relations, political economy, public and social policy and sociology Titles include: Ian Bache and Andrew Jordan (editors) THE EUROPEANIZATION OF BRITISH POLITICS Derek Beach and Colette Mazzucelli (editors) LEADERSHIP IN THE BIG BANGS OF EUROPEAN INTEGRATION Milena Büchs NEW GOVERNANCE IN EUROPEAN SOCIAL POLICY The Open Method of Coordination Dario Castiglione, Justus Schönlau, Chris Longman, Emanuela Lombardo, Nieves Pérez-Solórzano Borragán and Miriam Aziz CONSTITUTIONAL POLITICS IN THE EUROPEAN UNION The Convention Moment and its Aftermath Morten Egeberg (editor) MULTILEVEL UNION ADMINISTRATION The Transformation of Executive Politics in Europe Stefan Gänzle and Allen G. Sens (editors) THE CHANGING POLITICS OF EUROPEAN SECURITY Europe Alone? Isabelle Garzon REFORMING THE COMMON AGRICULTURAL POLICY History of a Paradigm Change Heather Grabbe THE EU’S TRANSFORMATIVE POWER 9781403_945235_01_prexii.qxp 9/27/2007 13:50 Page ii Katie Verlin Laatikainen and Karen E. Smith (editors) THE EUROPEAN UNION AND THE UNITED NATIONS Esra LaGro and Knud Erik Jørgensen (editors) TURKEY AND THE EUROPEAN UNION Prospects for a Difficult Encounter Paul G. Lewis and Zdenka Mansfeldová (editors) THE EUROPEAN UNION AND PARTY POLITICS IN CENTRAL AND EASTERN EUROPE Hartmut Mayer and Henri Vogt (editors) A RESPONSIBLE EUROPE? Ethical Foundations of EU External Affairs Lauren M. McLaren IDENTITY, INTERESTS AND ATTITUDES TO EUROPEAN INTEGRATION Christoph O. Meyer, Ingo Linsenmann and Wolfgang Wessels (editors) ECONOMIC GOVERNMENT OF THE EU A Balance Sheet of New Modes of Policy Coordination Frank Schimmelfennig, Stefan Engert and Heiko Knobel INTERNATIONAL SOCIALIZATION EUROPE European Organizations, Political Conditionality and Democratic Change Justus Schönlau DRAFTING THE EU CHARTER Rights, Legitimacy and Process Palgrave Studies in European Union Politics Series Standing Order ISBN 1-4039-9511-7 (hardback) and ISBN 1-4039-9512-5 (paperback) You can receive future titles in this series as they are published by placing a standing order. Please contact your bookseller or, in case of difficulty, write to us at the address below with your name and address, the title of the series and one of the ISBNs quoted above. Customer Services Department, Macmillan Distribution Ltd, Houndmills, Basingstoke, Hampshire RG21 6XS, England 9781403_945235_01_prexii.qxp 9/27/2007 13:50 Page iii Constitutional Politics in the European Union The Convention Moment and its Aftermath Dario Castiglione Reader in Political Theory University of Exeter, UK Justus Schönlau PES-Group Secretariat Committee of the Regions, Belgium Chris Longman Deputy Director of the Centre for European Studies University of Exeter, UK Emanuela Lombardo Research Fellow Complutense University of Madrid, Spain Nieves Pérez-Solórzano Borragán Senior Lecturer in European Politics University of Bristol, UK and Miriam Aziz Associate Professor University of Siena, Italy 9781403_945235_01_prexii.qxp 9/27/2007 13:50 Page iv © Dario Castiglione, Justus Schönlau, Chris Longman, Emanuela Lombardo, Nieves Pérez-Solórzano Borragán and Miriam Aziz 2007 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2007 by PALGRAVE MACMILLAN Houndmills, Basingstoke, Hampshire RG21 6XS and 175 Fifth Avenue, New York, N.Y. 10010 Companies and representatives throughout the world PALGRAVE MACMILLAN is the global academic imprint of the Palgrave Macmillan division of St. Martin’s Press, LLC and of Palgrave Macmillan Ltd. Macmillan® is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries. ISBN-13: 978-1-4039-4523-5 hardback ISBN-10: 1-4039-4523-3 hardback This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. A catalog record for this book is available from the Library of Congress. 10987654321 16 15 14 13 12 11 10 09 08 07 Printed and bound in Great Britain by Antony Rowe Ltd, Chippenham and Eastbourne 9781403_945235_01_prexii.qxp 9/27/2007 13:50 Page v Contents Preface and Acknowledgements vii Introduction: a Convention Without a Constitution? 1 Part I: The Convention as a Moment of EU Constitutional Politics 7 Introduction to Part I 9 1 Constitutional Politics in the European Union 11 Dario Castiglione 2 Constitutional Moment or Constitutional Process? 26 Dario Castiglione Part II: The Convention Experiment 47 Introduction to Part II 49 3 The Convention on the Future of Europe and its Antecedents 51 Justus Schönlau 4 Membership, Representation and Accountability 74 Justus Schönlau 5 The ‘Convention Method’ 90 Justus Schönlau Part III: The Convention as a Mirror of European Society 113 Introduction to Part III 115 6 The Language Regime of the Convention 118 Chris Longman 7 Gender Equality in the Constitution-Making Process 137 Emanuela Lombardo 8 The Participation of Civil Society 153 Emanuela Lombardo 9 The Contribution of Business Interests 170 Nieves Pérez-Solórzano Borragán v 9781403_945235_01_prexii.qxp 9/27/2007 13:50 Page vi vi Contents 10 The Debate on European Values 186 Chris Longman Part IV: The Convention and its Aftermath 205 Introduction to Part IV 207 11 The Convention and the ‘Living Law’ of the European Union 209 Miriam Aziz 12 Conclusion: From the Convention to the Referendums and Beyond 229 Justus Schönlau and Dario Castiglione Appendices 255 Table A1: The development of the Preamble 257 Table A2: Articles I-1 to I-3 – DCT and TCE compared 261 References 264 Bibliography 268 Index of Names 284 Index of Subjects 285 9781403_945235_01_prexii.qxp 9/27/2007 13:50 Page vii Preface and Acknowledgements This book was first planned at the time when the ‘Convention on the Future of Europe’ was drawing to its conclusion. Most of its chapters were drafted during the IGC period and the half-interrupted ratification process. It was finally completed at the beginning of 2007, when the ‘reflection period’ seemed to come to a close, and the German presidency of the European Council manifested the intention to inject new life into the moribund ‘Treaty establishing a Constitution for Europe’, even though this may eventually be presented as a treaty on institutional reform rather than as a constitution. The book, like the Constitutional Treaty itself, has therefore gone through several phases and upheavals (more, perhaps, than we might have wished). Indeed, it is always difficult to write with a moving object in view. But, as we hint in the title and make clear in the rest of the book, rather than being con- cerned with the EU Constitution as an end-product, in this book we focus on the political process through which the EU has attempted to give itself a for- mal and comprehensive constitutional text – though in the form of a treaty. Our real object of study is not the EU Constitution, but EU constitutional politics, and in particular the Convention as a ‘moment’ in the ongoing con- stitutionalisation of the EU. As we suggest throughout the book, this ‘Convention moment’ has a meaning of its own, albeit a contested meaning, but one that should not be overlooked, even though it may end in a ‘defeat’ of the Constitutional
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