The European Constitution in France.
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The European Constitution which is the Treaty instituting an European
Constitution brings big political progresses.
The text includes 450 articles, four parts, protocols and declarations
concerning particular situations.
The part 3, which is disputed by those which want to vote "no"
with the French referendum and which
makes say that the constitution, which is,
I say it again, a treaty, is the resumption of the former treaties.
Thus, if the referendum is negative, part 3 (for its bigger part) will
continue to be in force and France will stop the enforcement of the text which
will be adopted, probably, in the 24 other Members States of the European Union.
Moreover, some Members States have already passed the constitution.
It would be necessary to wait at least 10 years then to get a text with
the same progresses because the renegotiation of the treaty will not be
possible. Indeed the disputed questions have links with domestic politic and the
former treaties. Obviously, it is impossible to grant to France an exemption for
what already in force.
The main progresses are:
- the integration of the Charter of the Fundamental Rights in the text.
This charter creates new Humans Rights with those already in force with
the European Convention of Humans Rights and by the jurisprudence of the Court
of Justice of the European Communities. Indeed,
some articles could led to the abrogation or the reformation of some laws or
decisions in France
- the possibility of direct legislative initiative (like in Switzerland).
One million people representing some Member States will be able to submit to the
European Commission a legislative proposal that the Commission will be able or
not to propose to the vote of the Council of Ministers and of the European
Parliament. For the practice, the European Commission will be obliged to do it
and the representatives of the nations will be obliged to pass it even by
reforming it, except questions which would violate fundamental principles (to
avoid abuse concerning direct democracy)
- to integrate in all the new decisions the problems of Human Rights,
health, consumersí protection and employment
- the control of national parliaments on the policies of the Union,
particularly the respect of the missions of the Union which should not act in
the field of national policies (principle of subsidiarity)
- the abrogation of the three different political sectors.
Before the Community, i.e. economic and social policies passed with
qualified majority (a majority allowing the small Members States to be able to
donít pass a rules, and the big Members States to donít be able to pass a
rules alone) whereas the policy concerning justice (visa and police) and the
European policy of common security (military and humanitarians questions) was
passed with unanimity. For the
policy of justice and interior affair all the rules will passed with qualified
majority what will improve the European security with faster decisions
- the abrogation of the High Representative of the Union for the Foreign
Affair and the creation of a Foreign Minister of the Union who will be able to
represent the Union only when all the States will agree a joint position (not
the case concerning the war in Iraq) He will be able to propose decisions which
would be passed with the qualified majority.
Nevertheless Members State could not agree with a political decision
- the nomination (not the election, at least not yet) of a president of
the European Union for two years and half with a renewable mandate.
Itís the abrogation of the rotation of the presidency six months for
each Members States and will give a visibility to the Union.
The president of the European Commission thus will lose visibility
Tax or social harmonization will be not concerned by the Constitution by
now. The Constitution will improve mainly the institutional system of Europe
enabling it to work with a larger number of Members States.
The question concerning Turkey is not the subject of the referendum.
The new French constitution provides that all new adhesions (except
Romania and Bulgaria on 2007, and perhaps Croatia) will be passed after
referendum in France. The French citizens will be able to prevent the adhesion
of a State as they will be able to prevent the ratification of a treaty since
all will be passed after a referendum.
The Bolkenstein directive concerning freedom circulation of services,
freedom already integrated in the treaties, written by the former commission
under the treaties currently in force, will not be passed by now, the project
isnít completed and have no link with Constitution.